Madison v. Allen et al

Filing 65

ORDER denying 59 Motion to Stay as the motion is premature. Signed by Judge Kristi K. DuBose on 8/8/2012. (cmj)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION VERNON MADISON, Petitioner, v. KIM THOMAS, Commissioner, Alabama Department of Corrections, et al, Respondents. ) ) ) ) ) ) ) ) CIVIL ACTION NO. 09-00009-KD-B ORDER This action is before the Court on the Respondents’ Motion to Stay and Hold in Abeyance (Doc. 59) and the Petitioner’s Response thereto (Doc. 64). Specifically, Respondents seek entry of a stay in this case pending their anticipated filing of an appeal in the United States Supreme Court. Petitioner does not oppose the Respondents’ request but suggests a continuance rather than a stay, noting that the Court does not have the power to formally stay proceedings without an order from the Supreme Court or the Eleventh Circuit recalling the mandate. See 28 U.S.C. § 2101(f); Hovater v. Equifax Servs., Inc., 669 F. Supp. 392, 393-394 (N.D. Ala. 1987). Regardless, because the Respondents have not yet filed the appeal, the motion is premature.1 Accordingly, it is ORDERED that the Respondents’ Motion to Stay and Hold in Abeyance (Doc. 59) is DENIED. Respondents, however, are granted leave to file a motion to continue the proceedings if and when the appeal is filed in the Supreme Court. Until such time, the present schedule stands. DONE and ORDERED this the 8th day of August 2012. /s/ Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE 1 The Court’s review of the United States Supreme Court’s docket indicates that to date, no such appeal has been filed. See (last visited 8/8/12).

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?