WASHINGTON v. UNITED STATES OF AMERICA, No. 3:2016cv03536 - Document 2 (D.N.J. 2016)
Court Description: MEMORANDUM OPINION. Signed by Judge Anne E. Thompson on 6/24/2016. (km)
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WASHINGTON v. UNITED STATES OF AMERICA Doc. 2 RECEIVED IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY JUN 3 0 2016 · AT 8:30 RYAN WASHINGTON, HONORABLE ANNE E. M 1rf Petitioner, Civil Action No. 16-3536 (AET) v. UNITED STATES OF AMERICA, MEMORANDUM OPINION Respondents. THOMPSON, District Judge: Petitioner has filed a second motion to vacate, set aside or correct his sentence in light of Johnson v. United States, 135 S. Ct. 2551 (2015). Docket Entry 1. 1. Petitioner's habeas petition is governed by the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA"). AEDPA requires that the appropriate court of appeals must review and certify the second or successive motion before a District Court may review it. 28 U.S.C. §§ 2244, 2255(h). 2. Petitioner has filed a motion with the Third Circuit seeking permission to file a second or successive motion. In re Ryan Washington, No. 16-2612 (3d Cir. filed June 1, 2016). The Third Circuit has stayed Petitioner's case in that court. 3. As Petitioner's motion is presently pending before the Third Circuit, the Court shall administratively terminate the Dockets.Justia.com petition subject to reopening in the event the Third Circuit grants Petitioner's motion. 4. Petitioner shall file a copy of the Third Circuit's order granting or denying his motion within 7 days of the date of entry of its order. 5. An appropriate order follows. ANNE E. THOMPSON U.S. District Judge 2
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