Porter v. United States of America

Middle District of Florida, flmd-8:2016-cv-01625

ORDER granting {{10}} motion to stay pending the Eleventh Circuit's opinion in Fritts. The Clerk is directed to administratively close this Case. Counsel for Petitioner shall promptly notify the Court upon the issuance of the Fritts opinion. Signed by Judge Susan C Bucklew on 8/4/16. (JD)

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PageID 60 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION LARRY LOUIS PORTER, Petitioner, v. Case No. 8:16-cv-1625-T-24TBM UNITED STATES OF AMERICA, Defendant. ____________________________/ ORDER This matter comes before the Court on Petitioner Porter's Motion to Stay 28 U.S.C. § 2255 Proceedings. (Doc. 10). Petitioner, represented by counsel, requests the Court stay his § 2255 proceedings pending the Eleventh Circuit's decision in United States v. Fritts, Appeal No. 15-15699-CC. The motion is unopposed by the Government. In Petitioner's § 2255 motion, Petitioner challenges the finding that he is an armed career criminal in light of Johnson v. U.S., 135 S.Ct. 2551 (2015), which held the residual clause of the Armed Career Criminal Act ("ACCA"), 18 U.S.C. § 924(e)(2)(B)(ii), unconstitutional, and which was held to be retroactive on collateral review by the decision in Welch v. U.S., 136 S.Ct. 1257 (2016). Specifically, Petitioner claims his Florida convictions for robbery and attempted armed robbery no longer qualify as ACCA predicate offenses, and the Eleventh Circuit's decision in Fritts will directly impact whether or not he is entitled to relief under Johnson. Accordingly, the Court orders: 1. The Motion to Stay is Granted. PageID 61 2. The Clerk is directed to administratively close this Case. 3. Counsel for Petitioner shall promptly notify the Court upon the issuance of the Eleventh Circuit's opinion in Fritts. ORDERED at Tampa, Florida, on August 4, 2016. COPIES FURNISHED TO: Counsel of Record