Williams v. United States
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION
UNITED STATES OF AMERICA, Case No. 08-CR-00040-LHK-1 Plaintiff, Case No. 17-CV-06331-LHK
v. ORDER STAYING CASE PENDING
APPOINTMENT OF COUNSEL
DONALD RAY WILLIAMS, Re: Dkt. Nos. 448, 435 Defendant. 17 Before the Court is the Government’s motion to dismiss Defendant Williams’s October 31, 2017 motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255. ECF No. 448. In its motion, the Government argued that Defendant’s motion is untimely and that equitable tolling is not appropriate. For the following reasons, the Court requires additional briefing before it can rule on the Government’s motion. Because the Court believes the aid of defense counsel is needed, the Court administratively stays the case and orders the Federal Public Defender to identify a Criminal Justice Act panel attorney who is available to take this case. I. PROCEDURAL BACKGROUND Because…