Gaines v. United States of America
Ivy Byrd Gaines |
United States of America |
2:2017cv00264 |
February 16, 2017 |
US District Court for the Western District of Washington |
Seattle Office |
King |
Thomas S. Zilly |
Motions to Vacate Sentence |
28 U.S.C. ยง 2255 |
None |
Available Case Documents
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Filing 26 ORDER: Gaines's § 2255 motion (C17-264, docket no. 1 ) is STRICKEN in part as moot and DENIED in part, but without prejudice to renewing the motion if a writ of certiorari is granted in Supreme Court Case No. 20-294. Signed by Judge Thomas S. Zilly.(MW) |
Filing 23 MINUTE ORDER: Having reviewed the parties' Joint Status Report, docket no. 22 , the Court hereby LIFTS the stay of this matter and returns this case to the active docket. On or before 9/25/2020, petitioner shall file a supplemental brief, n ot to exceed eighteen (18) pages in length, concerning the effect of recent Supreme Court and/or Court of Appeals decisions on, and any other issues relating to, petitioners motion under 28 U.S.C. § 2255. Any response, not to exceed eighteen (18) pages in length, shall be filed by 10/30/2020, and any reply, not to exceed nine (9) pages in length, shall be filed by 11/6/2020. Petitioner's motion under 28 U.S.C. § 2255, docket no. 1 , shall be NOTED for 11/6/2020. Authorized by Judge Thomas S. Zilly. (MW) |
Filing 21 MINUTE ORDER: The Court maintains the stay of this action until further order. The parties are DIRECTED to file a Joint Status Report within seven (7) days after the Ninth Circuit rules on the petition for en banc review in Dominguez, or by 12/31/ 2020, whichever occurs earlier. If the petition for en banc review is denied, the parties shall set forth in the Joint Status Report a proposed briefing schedule for addressing the effect of Dominguez, the vitality of Deal v. United States, 508 U.S. 129 (1993), and any other relevant issues. If the petition is granted, the parties need not include in their Joint Status Report any motion to maintain the stay of this case. Authorized by Judge Thomas S. Zilly.(MW) |
Filing 19 MINUTE ORDER: Having reviewed the parties' Joint Status Report filed on 12/18/2019, docket no. 18 , the Court maintains the stay of this matter pending resolution of United States v. Dominguez, No. 14-10268, which is currently proceeding be fore the United States Court of Appeals for the Ninth Circuit. The parties are DIRECTED to file a Joint Status Report within fourteen (14) days after a decision is issued by the Ninth Circuit in Dominguez or in any other case addressing the status of Hobbs Act robberies or the vitality of Deal v. United States, 508 U.S. 129 (1993), in light of recent amendments to 18 U.S.C. § 924(c)(1)(C), or by 7/31/2020, whichever occurs earlier. Authorized by Judge Thomas S. Zilly. (MW) |
Filing 17 MINUTE ORDER pursuant to parties' 16 Stipulation. This matter is again STAYED pending resolution of United States v. Dominguez, No. 14-10268, which is currently proceeding before the United States Court of Appeals for the Ninth Circuit. The parties are DIRECTED to file a Joint Status Report within fourteen (14) days after a decision is issued by the Ninth Circuit in Dominguez or any other case addressing either of the subjects described above, namely the status of Hobbs Act robberies or the vitality of Deal in light of the recent statutory amendment, or by December 31, 2019, whichever occurs earlier. Authorized by Judge Thomas S. Zilly. (SWT) |
Filing 15 MINUTE ORDER lifting the stay of this matter and returning this case to the active docket. On or before August 9, 2019, the parties shall each file supplemental briefs, concerning the effect of Davis and any other recent Supreme Court and/or Court of Appeals decisions of relevance to the issues raised in petitioner's motion under 28 U.S.C. § 2255. Petitioner's motion under 28 U.S.C. § 2255, docket no. 1 , shall be NOTED for August 9, 2019. Authorized by Judge Thomas S. Zilly. (SWT) |
Filing 13 MINUTE ORDER directing parties to file a Joint Status Report within fourteen (14) days after an opinion is issued in Davis, or by 7/15/2019, whichever occurs earlier. Authorized by Judge Thomas S. Zilly. (SWT) |
Filing 12 MINUTE ORDER STAYING CASE pending resolution of Allen v. United States, No. 17-10378 and United States v. Luong, No. 16-10213; directing parties to file a Joint Status Report within fourteen (14) days after mandate is issued, or by 5/15/2019, whichever occurs earlier. Authorized by Judge Thomas S. Zilly. (SWT) |
Filing 9 MINUTE ORDER LIFTING STAY. Petitioner's 1 MOTION to Vacate Under 28 U.S.C. 2255 shall be NOTED for 6/22/2018. The United States shall file and serve its answer to the § 2255 motion on or before 5/25/2018. Authorized by Judge Thomas S. Zilly. (SWT) |
Filing 6 MINUTE ORDER STAYING CASE. The parties are DIRECTED to file a Joint Status Report within fourteen (14) days after mandate is issued in either Kenney or Watson or by June 15, 2018, whichever occurs earlier. Authorized by Judge Thomas S. Zilly. (swt) |
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