Opinion
22 Civ. 2325 (KMK)(JCM)
09-19-2023
PHILIP H. WENTZEL, Petitioner, v. W.S. PLILER, Warden, F.C.I. Otisville, Respondent.
ORDER
JUDITH C. MCCARTHY UNITED STATES MAGISTRATE JUDGE
Petitioner Philip H. Wentzel (“Petitioner”), proceeding pro se, filed a writ of habeas corpus on March 22, 2022. (Docket No. I). Thereafter, Respondent moved to stay the case pending the decision of the United States Supreme Court in Jones v. Hendrix, 142 S.Ct. 2706 (2022), (Docket No. 15), and Petitioner opposed, (Docket No. 22). The Court granted Respondent's motion and stayed the case. (Docket No. 29). On August 17, 2023, pursuant to the Court's October 20, 2022 Order, (Docket No. 29), Respondent responded to the Amended Petition and informed the Court that “on June 22, 2023, the Supreme Court decided Jones and held that federal prisoners may not use 28 U.S.C. § 2241 to raise statutory challenges to a conviction or sentence.” (Docket No. 30).
Petitioner filed an Amended Petition on August 11,2022. (Docket No. 18).
Thus, since the Supreme Court has rendered a decision in Jones, the stay in this action is lifted. Petitioner may file a reply to Respondent's response by October 16, 2023.
SO ORDERED: