Gubanic v. United States of America

Middle District of Florida, flmd-8:2016-cv-01626

ORDER: Petitioner Frank Gubanic's Unopposed Motion to Stay 28 U.S.C. § 2255 Proceedings {{5}} is GRANTED. This action is STAYED AND ADMINISTRATIVELY CLOSED pending a decision from the United States Court of Appeals for the Eleventh Circ uit in United States v. Fritts, Appeal No. 15-15699-CC. The Clerk is directed to close this file and terminate all pending motions. The corresponding motion to vacate in criminal case number 8:08-cr-499-T-30TGW (CR Dkt. 70) is terminated. Counsel for Petitioner may move to reopen this action, if desired, within thirty (30) days after the Eleventh Circuit issues its opinion in Fritts. Signed by Judge James S. Moody, Jr on 9/2/2016. (LN)

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PageID 44 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION FRANK GUBANIC, Petitioner, v. Case No: 8:16-cv-1626-T-30TGW UNITED STATES OF AMERICA, Respondent. ________________________________/ ORDER THIS CAUSE is before the Court on Petitioner Frank Gubanic's Unopposed Motion to Stay 28 U.S.C. § 2255 Proceedings (Dkt. 5). After due consideration, it is ORDERED AND ADJUDGED that: 1. Petitioner Frank Gubanic's Unopposed Motion to Stay 28 U.S.C. § 2255 Proceedings (Dkt. 5) is GRANTED. 2. This action is STAYED AND ADMINISTRATIVELY CLOSED pending a decision from the United States Court of Appeals for the Eleventh Circuit in United States v. Fritts, Appeal No. 15-15699-CC. 3. The Clerk is directed to close this file and terminate all pending motions. 4. The corresponding motion to vacate in criminal case number 8:08-cr-499-T- 30TGW (CR Dkt. 70) is terminated. PageID 45 5. Counsel for Petitioner may move to reopen this action, if desired, within thirty (30) days after the Eleventh Circuit issues its opinion in Fritts. DONE and ORDERED in Tampa, Florida, this 2nd day of September, 2016. Copies furnished to: Counsel/Parties of Record 2