U.S. Court of Appeals for the Sixth Circuit, 2001

Dennard v. Thoms

Dennard v. Thoms
U.S. Court of Appeals for the Sixth Circuit · Decided July 16, 2001 · Krupansky, Ryan, Siler
15 F. App'x 237

Dennard v. Thoms

Opinion of the Court

Respondent Maryellen Thoms appeals a district court order granting a petition for a writ of habeas corpus filed by this federal prisoner under 28 U.S.C. § 2241. This case was held in abeyance pending a decision in the Supreme Court’s case of Lopez v.. Davis, No. 99-7504, and this court’s case of Powell v. Thoms, No. 99-5974. These cases have now been decided. See Lopez v. Davis, 531 U.S. 230, 121 S.Ct. 714, 718, 148 L.Ed.2d 635 (2001); Powell v. Thoms, No. 99-5974 (6th Cir. April 5, 2001) (unpublished order). The government has filed a notification regarding the status of petitioner Dennard.

Upon consideration, we conclude that the district court is in a better position to resolve the impact of the Lopez decision upon this case than we are. See Hardy v. Sec’y for Dep’t of Corrs., 246 F.3d 1300, 1301 (11th Cir. 2001) (per curiam). Therefore, it is sua sponte ordered that the judgment of the district court is vacated, *238and the case is remanded for further consideration in light of Lopez.

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