Joseph Wood, III v. Charles Ryan

Filing

Filed Order for PUBLICATION (KIM MCLANE WARDLAW) Petitioner has filed a Petition for Writ of Habeas Corpus and Motion for Stay of Execution. Because the three-judge panel consisting of Judges Thomas, Gould, and Bybee has jurisdiction over Appeal No. 08-99003 and petitioner s execution is not imminent, the Petition for Writ of Habeas Corpus and Motion for Stay of Execution is referred to the Clerk for determination by the three-judge panel. See Cir. R. 22-2(c) ( Once a case is assigned to a death penalty panel, the panel will handle all matters pertaining to the case . . . . ); Cir. R. 22-4(e) ( In all capital cases where petitioner seeks a stay of execution, the Clerk shall refer any motion for a stay of execution to the death penalty panel. ). IT IS SO ORDERED. [9174508]

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Case: 08-99003 07/18/2014 ID: 9174508 DktEntry: 106 Page: 1 of 2 FILED FOR PUBLICATION UNITED STATES COURT OF APPEALS JUL 18 2014 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT JOSEPH RUDOLPH WOOD, III, Petitioner - Appellant, v. CHARLES L. RYAN, interim Director, Arizona Department of Corrections, No. 08-99003 D.C. No. 4:98-CV-00053-JMR District of Arizona, Tucson ORDER Respondent - Appellee. Before: WARDLAW, Circuit Judge. Petitioner has filed a Petition for Writ of Habeas Corpus and Motion for Stay of Execution. Because the three-judge panel consisting of Judges Thomas, Gould, and Bybee has jurisdiction over Appeal No. 08-99003 and petitioner’s execution is not “imminent,” the Petition for Writ of Habeas Corpus and Motion for Stay of Execution is referred to the Clerk for determination by the three-judge panel. See Cir. R. 22-2(c) (“Once a case is assigned to a death penalty panel, the panel will handle all matters pertaining to the case . . . .”); Cir. R. 22-4(e) (“In all capital cases where petitioner seeks a stay of execution, the Clerk shall refer any motion for a Case: 08-99003 07/18/2014 ID: 9174508 stay of execution to the death penalty panel.”). IT IS SO ORDERED. 2 DktEntry: 106 Page: 2 of 2

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