Geronimo Gutierrez v. Lorie Davis, Director

Fifth Circuit

Geronimo Gutierrez v. Lorie Davis, Director

706 F. App'x 204

CourtCourt of Appeals for the Fifth Circuit

DecidedDecember 14, 2017

Docket16-70028

StatusUnpublished

This text of 706 F. App'x 204 (Geronimo Gutierrez v. Lorie Davis, Director) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Geronimo Gutierrez v. Lorie Davis, Director, 706 F. App'x 204 (5th Cir. 2017).

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Opinion

PER CURIAM: *

On August 30, 2017, we granted Appellant’s motion to stay proceedings in order to allow him to pursue an Atkins claim in state court in light of the Supreme Court’s decision in Moore v. Texas, — U.S. -, 137 S.Ct. 1039, 197 L.Ed.2d 416 (2017). Because we granted Appellant’s motion based on his Atkins argument, we had no need to determine whether a stay was warranted pending the Supreme Court’s decision in Wilson v. Sellers, — U.S. -, 137 S.Ct. 1203, 197 L.Ed.2d 245 (2017). We again decline to reach the merits of Appellant’s Sellers argument.

However, we granted a stay premised on Appellant’s statement that he would promptly file his Atkins claim within ninety days of the Court’s stay order. Appellant failed to do so, instead filing a “status update” informing the court that he requires until February 26, 2018, to do so. We treat Appellant’s status update as a motion for extension of time to file and, finding good cause, GRANT that motion.

IT IS ORDERED that Appellant shall have until February 26, 2018, to file his new Atkins claim.

IT IS FURTHER ORDERED that Ap-pellee’s motion for clarification, ECF No. 61, is DENIED as moot.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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PER CURIAM: *

On August 30, 2017, we granted Appellant’s motion to stay proceedings in order to allow him to pursue an Atkins claim in state court in light of the Supreme Court’s decision in Moore v. Texas, — U.S. -, 137 S.Ct. 1039, 197 L.Ed.2d 416 (2017). Because we granted Appellant’s motion based on his Atkins argument, we had no need to determine whether a stay was warranted pending the Supreme Court’s decision in Wilson v. Sellers, — U.S. -, 137 S.Ct. 1203, 197 L.Ed.2d 245 (2017). We again decline to reach the merits of Appellant’s Sellers argument.

However, we granted a stay premised on Appellant’s statement that he would promptly file his Atkins claim within ninety days of the Court’s stay order. Appellant failed to do so, instead filing a “status update” informing the court that he requires until February 26, 2018, to do so. We treat Appellant’s status update as a motion for extension of time to file and, finding good cause, GRANT that motion.

IT IS ORDERED that Appellant shall have until February 26, 2018, to file his new Atkins claim.

IT IS FURTHER ORDERED that Ap-pellee’s motion for clarification, ECF No. 61, is DENIED as moot.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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706 F. App'x 204, Counsel Stack Legal Research, https://law.counselstack.com/opinion/geronimo-gutierrez-v-lorie-davis-director-ca5-2017.

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