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JOHN M. DAVIS Reg. #84034-012 PETITIONER v. T.C. OUTLAW, Warden, FCI-Forrest City RESPONDENT.

ORDER

ROBERT DAWSON, District Judge

Pending is Petitioner's Motion to Stay his petition for writ of habeas corpus under 28 U.S.C. § 2241 (docket entry #13). Petitioner claims Gatewood v. T.C. Outlaw, CA 08-2197 (8th Cir. filed May 29, 2008), now pending before the Court of Appeals for the Eighth Circuit, will determine the outcome of his case. Petitioner requests a stay of his petition pending a decision in Gatewood. The Respondent has not objected to the motion to stay. Because the claim in this petition is similar to the claim in Gatewood, Petitioner's Motion to Stay is GRANTED. The Clerk of the Court is directed to administratively terminate the case. The parties are directed to file a motion to reopen the case within forty-five days of a mandate being issued by the Eighth Circuit in Gatewood. If a motion to reopen the case is not filed by either party within forty-five days of the mandate, the Court will dismiss the petition with prejudice.

IT IS SO ORDERED.

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DAVIS v. OUTLAW
(Jul 1, 2008)