McDaniel v. United States

• Court: District Court, W.D. North Carolina
• Decided: October 26, 2023
• Docket: 3:16-cv-00445
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION 3:16-cv-445-RJC (3:05-cr-14-RJC-1) ANTONIO STOWE MCDANIEL, ) ) Petitioner, ) ) vs. ) ) ORDER UNITED STATES OF AMERICA, ) ) Respondent. ) ____________________________________) THIS MATTER is before the Court sua sponte. Petitioner filed a counseled Motion to Vacate pursuant to 28 U.S.C. § 2255 in the instant case, raising a claim pursuant to Johnson v. United States, 576 U.S. 591 (2015). [Doc. 1]. The Court ordered the United States to respond to the Motion to Vacate on August 16, 2016. [Doc. 4]. The matter was then stayed pending the Fourth Circuit’s resolution of United States v. Ali as well as this Court’s resolution of another § 2255 action filed by Petitioner, Case No. 3:16-cv-371-GCM. [Doc. 7]. The Court extended the stay after Ali was decided pending the Fourth Circuit’s resolution of Petitioner’s § 2255 appeal in Case No. -371, Fourth Cir. Case No. 20-7579. [Doc. 11]. The United States has 21 days following the Fourth Circuit’s issuance of its decision in Case No. 20- 7579 to file an answer, motion, or to otherwise respond to the Motion to Vacate. [Id.]. The Court’s independent review of the record reveals that the Fourth Circuit issued its decision in Case No. 20-7579 on October 20, 2023. United States v. McDaniel, __ F.4th __, 2023 WL 6934544 (4th Cir. Oct. 20, 2023). The Clerk will, therefore, be instructed to lift the stay. IT IS, THEREFORE, ORDERED that the Clerk of Court is instructed to LIFT the Order of Abeyance [Doc. 11] and reopen this case. The Clerk is respectfully instructed to note the response due date on the Court’s docket [see Doc. 11].

Signed: October 26, 2023

Robert J. Conrad, Jr. ed, United States District Judge “ae