Opinion
CASE NO. 6:15-cv-630-Orl-37DAB
02-09-2017
JOHN S. HUGGINS, Petitioner, v. SECRETARY, DEPARTMENT OF CORRECTIONS, et al., Respondents.
ORDER
This cause is before the Court on Petitioner's Status Report and Request to Continue Stay (Doc. 37). Petitioner, who has been sentenced to death, requests that the case continued to be staying pending the disposition of his successive motion to vacate death sentence filed in the state court. Id. at 2. Petitioner is litigating the legality of his death sentence in light of Hurst v. Florida, 135 S. Ct. 616 (2016) (holding Florida's capital sentencing scheme violates the Sixth Amendment right to a jury trial), and Mosley v. State, No. SC14-436, 2016 WL 7406506 (Fla. Dec. 22, 2016) (holding that a death sentence must be unanimously found by the jury and Hurst is retroactive to those whose sentences became final after the issuance of Ring v. Arizona, 536 U.S. 584 (2002)). Respondents have no objection to continuing the stay. Id. at 2-3.
In light of Petitioner's state court proceedings, the Court finds good cause to continue the stay in this case.
Accordingly, it is ORDERED and ADJUDGED as follows:
1. The Request to Continue Stay (Doc. 37) is GRANTED. This case is STAYED and held in abeyance until further Order of the Court, pending the final disposition of Petitioner's state court proceedings.
2. Petitioner shall file a motion to reopen this case within THIRTY (30) DAYS after a decision has been rendered regarding the state court proceedings. The failure to do so will result in dismissal of this case without further notice.
DONE AND ORDERED in Orlando, Florida, this 9th day of February, 2017.
/s/_________
ROY B. DALTON JR.
United States District Judge Copies to:
OrlP-3
Counsel of Record