UNITED STATES DISTRICT COURT FOR THE

SOUTHERN DISTRICT OF FLORIDA

Miami Division

Case Number: 20-22499-CIV-MORENO

AL DOUGLASS WORDLY, 

Movant,

vs.

UNITED STATES OF AMERICA,

Respondent.

_________________________________________/

ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION 

AND STAYING CASE

THE MATTER was referred to the Honorable Lisette M. Reid, United States Magistrate 

Judge, for a Report and Recommendation on Plaintiff's Motion Under 28 U.S.C. 2255 to Vacate, 

Set Aside, or Correct Sentence by a Person in Federal Custody, filed on June 24, 2020. The 

Magistrate Judge filed a Report and Recommendation (D.E. 12) on January 29, 2021. The 

Court has reviewed the entire file and record. The Court has made a de novo review of the issues 

presented in the Magistrate Judge’s Report and Recommendation. Being otherwise fully advised 

in the premises, it is 

ADJUDGED that Magistrate Judge Reid’s Report and Recommendation is AFFIRMED 

and ADOPTED. Accordingly, it is

ADJUDGED that the case is STAYED and held in abeyance until such time that the 

Eleventh Circuit resolves the issue of a Davis claimant’s burden of proof in a matter brought 

pursuant to 28 U.S.C. § 2255. United States v. Davis, 139 S. Ct. 2319 (2019). It is also

ADJUDGED as follows: 

Case 1:20-cv-22499-FAM Document 13 Entered on FLSD Docket 02/02/2021 Page 1 of 3
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I. The Clerk of this Court shall mark this cause as closed for statistical purposes and 

place the matter in a civil suspense file. 

II. The Court shall retain jurisdiction and the case shall be restored to the active 

docket upon motion of a party if circumstances change so that this action may proceed to 

final disposition.

III. This order shall not prejudice the rights of the parties to this litigation.

IV. Upon resolution of the issue before the Eleventh Circuit Court of Appeals, the 

parties shall notify the Court and seek to reopen the case. 

DONE AND ORDERED in Chambers at Miami, Florida, this 2nd of February 2021.

______________________________________

FEDERICO A. MORENO

UNITED STATES DISTRICT JUDGE

Copies furnished to:

United States Magistrate Judge Lisette M. Reid

Counsel of Record

Case 1:20-cv-22499-FAM Document 13 Entered on FLSD Docket 02/02/2021 Page 2 of 3
UNITED STATES DISTRICT COURT FOR THE

SOUTHERN DISTRICT OF FLORIDA

Miami Division

Case Number: 20-22499-CIV-MORENO

AL DOUGLASS WORDLY, 

Movant,

vs.

UNITED STATES OF AMERICA,

Respondent.

_________________________________________/

FINAL JUDGMENT

Pursuant to Federal Rules of Civil Procedure 58 and 54, and in accordance with the 

Court’s denial of Plaintiff's Motion Under 28 U.S.C. 2255 to Vacate, Set Aside, or Correct 

Sentence by a Person in Federal Custody, filed on January 29, 2021, final judgment is entered 

in favor of Respondent. It is

ADJUDGED that all pending motions in this case are DENIED AS MOOT in light of 

this Court’s Order Adopting the Report and Recommendation.

DONE AND ORDERED in Chambers at Miami, Florida, this _____ of February 2021.

______________________________________

FEDERICO A. MORENO

UNITED STATES DISTRICT JUDGE

Copies furnished to:

United States Magistrate Judge Lisette M. Reid

Counsel of Record

Case 1:20-cv-22499-FAM Document 13 Entered on FLSD Docket 02/02/2021 Page 3 of 3