*1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA EASTERN DIVISION No. 4:12-CR-58-3H No. 4:16-CV-90-H MARQUAIL EARL MOURING, )
Petitioner, )
) ) ORDER v.
) ) UNITED STATES OF AMERICA, )
Respondent. )
This matter is before the court on petitioner’s motion to vacate pursuant to 28 U.S.C. § 2255, [DE #105]. This matter was stayed pending the Fourth Circuit’s resolution of United States v. Walker, 2019 WL 3756052, __ F.3d __ (4th Cir. 2019), and United States v. Simms, 914 F.3d 229 (4th Cir. 2019). [DE #124]. In light of the Supreme Court’s resolution of United States v. Davis, 139 S. Ct. 2319 (2019), the stay is hereby lifted.
Petitioner is directed to file a supplement, or other appropriate filing or motion, to the § 2255 motion to vacate within twenty-one (21) days of this order. The government shall then have twenty-one (21) days to file a response, if appropriate. In the event the parties agree petitioner is entitled to § 2255 *2 relief, they may file a joint response within twenty-one (21) days of this order, addressing the appropriate remedy in this action.
This 20th day of August 2019.
___________________________________ Malcolm J. Howard Senior United States District Judge At Greenville, NC
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