Stankewitz v. Brown, et al

Filing 605

ORDER GRANTING Respondent's 602 Request for Stay of Judgment Pending Resolution of 603 Motion for Reconsideration, signed by Chief Judge Anthony W. Ishii on 10/15/2009. (Sondheim, M)

1 2 3 4 5 6 7 8 D O U G L A S RAY STANKEWITZ, 9 10 12 13 14 15
T h is matter is before the Court pursuant to a Motion, filed by Respondent vs. o f San Quentin State Prison, P e t it i o n e r , ) ) ) ) ) ) ) ) ) ) ) C a s e No. 1:91-cv-616-AWI D E A T H PENALTY CASE O r d e r Granting Respondent's R e q u e s t for Stay of Judgment P e n d in g Resolution of Motion for R e c o n s id e r a tio n U N IT E D STATES DISTRICT COURT E A S T E R N DISTRICT OF CALIFORNIA

11 R O B E R T WONG, Acting Warden
R e s p o n d e n t.

16 R o b e r t Wong ("the Warden"), seeking reconsideration under the Federal Rules of 17 C iv il Procedure 59 and 60, of the September 22, 2009 Memorandum and Order 18 G r a n tin g Petition for Writ of Habeas Corpus, and seeking a corresponding stay 19 o f the judgment pending resolution of the motion for reconsideration. The 20 W a r d e n asserts that under Rule 62(b) of the Federal Rules of Civil Procedure, the 21 C o u r t may stay execution of a judgment. The Warden contends a stay will allow 22 fo r the orderly consideration of the motion for reconsideration and states that 23 c o u n s e l for Petitioner Douglas Ray Stankewitz ("Stankewitz") does not oppose 24 th e stay. A hearing on the reconsideration motion is set for December 14, 2009. 25 Stankewitz's opposition to the motion for reconsideration is due on or before 26 N o v e m b e r 30, and the Warden's reply is due by December 7, 2009.

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T h e Warden's request for a stay of judgment pending resolution of the

2 m o tio n for reconsideration is GRANTED. 4 IT IS SO ORDERED. 5 D a te d : 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26
O G r a n tin g S ta y J u d g m n tS t n k

October 15, 2009

b64h1h

/s/ Anthony W. Ishii C H IE F UNITED STATES DISTRICT JUDGE

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