DENNISON v. UNITED STATES OF AMERICA, No. 1:2016cv03647 - Document 11 (D.N.J. 2021)
Court Description: MEMORANDUM OPINION & ORDER directing the Clerk to lift the stay; ORDERED that the parties shall inform the Court what impact the Copes decision has on Petitioner's motion within 14 days of this order. Signed by Judge Noel L. Hillman on 3/9/2021. (dmr)
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DENNISON v. UNITED STATES OF AMERICA Doc. 11 Case 1:16-cv-03647-NLH Document 11 Filed 03/09/21 Page 1 of 2 PageID: 37 UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY TYRONE DENNISON, 1:16-cv-3647 (NLH) Petitioner, v. MEMORANDUM OPINION & ORDER UNITED STATES OF AMERICA, Respondent. HILLMAN, District Judge WHEREAS, Petitioner Tyrone Dennison filed a motion to correct, vacate, or set aside his federal sentence on June 20, 2016, (ECF No. 1); and WHEREAS, the parties submitted a joint motion to stay the § 2255 proceedings on April 10, 2017 pending the Supreme Court’s decision in Sessions v. Dimaya, 138 S. Ct. 1204 (2018), (see ECF No. 2); and WHEREAS, the Court reopened the proceedings on July 2, 2020 and directed the parties to update the Court as to the impact of Dimaya on Petitioner’s claims, (ECF No. 7); and WHEREAS, the parties filed a consent motion to stay the case pending before the United States Court of Appeals for the Third Circuit decision in United States v. Copes, Appeal No. 191494, (see ECF No. 9); and WHEREAS, the Court granted the request on September 14, Dockets.Justia.com Case 1:16-cv-03647-NLH Document 11 Filed 03/09/21 Page 2 of 2 PageID: 38 2020, ordering that “[t]he matter is stayed until the Third Circuit issues an opinion in United States v. Copes, Appeal No. 19-1494,” and “that within 14 days of the Third Circuit’s decision, counsel for the United States shall inform the Court as to the impact of the decision on Petitioner’s claims,” (ECF No. 10); and WHEREAS, the Third Circuit issued its opinion in the Copes matter on January 6, 2021; and WHEREAS, counsel for the United States has not provided any further information to the Court as to the impact of the decision on Petitioner’s claims, THEREFORE, IT IS on this 9th day of March, 2021 ORDERED that the Clerk shall lift the stay and reopen this matter; and it is further ORDERED that the parties shall inform the Court what impact the Copes decision has on Petitioner’s motion within 14 days of this order. /s Noel L. Hillman NOEL L. HILLMAN, U.S.D.J. At Camden, New Jersey 2
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