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16-3793 - Hullaby v. USA


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16-3793 - Hullaby v. USA
February 1, 2017
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REPORT AND RECOMMENDATION re: 11 Consent MOTION to Stay filed by USA. IT IS RECOMMENDED that Respondent's Unopposed Motion to Stay, filed December 7, 2016 (Doc. 11) be GRANTED. IT IS FURTHER RECOMMENDED that the United States' response to the pending Motion to Vacate (Doc. 8) shall not be due until 30 days after the Ninth Circuit's decision in United States v. Begay, No. 14-10080, and the Supreme Court's decision in Lynch v. Dimaya, No. 15-1498, are both issued. IT IS FURTHER RECOMMENDED that the parties be required to file a status report regarding the continuance of the stay, upon: (1) the issuance of any decision in Begay or Dimaya; and (2) in any event on or before July 15, 2017. Signed by Magistrate Judge James F Metcalf on 2/1/17. (KGM)
February 16, 2017
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ORDER ADOPTING 13 Report and Recommendation of the Magistrate Judge. IT IS FURTHER ORDERED granting 11 Respondent/Plaintiff's Unopposed Motion to Stay. This matter is stayed pending the Ninth Circuit's decision in United States v. Begay, No. 14-10080 and the Supreme Court's decision in Lynch v. Dimaya, No. 15-1498. The parties are required to file a status report regarding the continuance of the stay upon: (1) the issuance of any decision in Begay or Dimaya; and (2) in any event on or before July 15, 2017. See PDF document for further details. Signed by Judge Susan R Bolton on 2/16/17. (LSP)