Laford v. United States

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ALFRED LAFORD, Movant. 19 Civ. 10514 (PAE) Civ. 4686 (PAE) ~against- 11 Cr. 1032-07 (PAE) UNITED STATES OF AMERICA, ORDER Respondent.

PAULA. ENGELMAYER, United States District Judge: On June 20, 2016, petitioner Alfred Laford filed a motion under 28 U.S.C. § 2255, challenging his conviction and sentence under 18 U.S.C. § 924(c) as unlawful following the Supreme Court’s decision in Johnson v. United States, 135 S. Ct. 2551 (2015). See No. 16 Civ. 4686, Dkt. 1. The Court granted a request from the parties to stay the case pending the outcome of Sessions v. Dimaya, 138 S. Ct. 1204 (2018), and then extended the stay pending the outcome of United States v. Davis, 139 S. Ct. 2319 (2019). No. 11 Cr. 1032-07, Dkt. 21011; No. 16 Civ. 4686, Dkt. 8. On November 8, 2019, Laford filed a § 2255 motion seeking to vacate his conviction based on Johnson and Davis. The motion was docketed in the criminal case, No. 11 Cr. 1032-07, but because Laford did not include his civil case number or label his filing as an amended motion, the Clerk of the Court did not file the motion in Laford’s civil case, No. 16 Civ. 4686, but assigned it a new civil case number, No. 19 Civ. 10514. See No. 19 Civ. 10514, Dkt. 1.

The Clerk of the Court is respectfully directed to docket the motion as an amended motion in case No. 16 Civ. 4686. The Clerk of the Court is further directed to administratively close this case, No. 19 Civ. 10514, without prejudice to the pending motion.

1 The request for the initial stay was filed only on the criminal docket, No. 11 Cr. 1032-07.

On November 14, 2019, the Court ordered the Government to respond to Laford’s latest § 2255 motion by November 27, 2019. See No. 16 Civ. 4686, Dkt. 9. For avoidance of doubt, that deadline stands.

SO ORDERED.

Paul A. A. &y United States District Judge Dated: November 15, 2019 New York, New York