Napier v. United States of America

Filing 94

ORDER RE PETITTIONER'S REQUEST FOR RECONSIDERATION RE THE SEPTEMBER 30, 2011 ORDER RE DESTRUCTION OF FIREARMS (doc. 88) signed by District Judge Lawrence J. O'Neill on October 27, 2011. (Munoz, I)

1
2
3
4
UNITED STATES DISTRICT COURT
5
FOR THE EASTERN DISTRICT OF CALIFORNIA

6
7

DENNIS NAPIER,

8
9
10
11

Petitioner,
v.
UNITED STATES OF AMERICA,

1:10-cv-00040 LJO GSA
ORDER RE PETITIONER’S REQUEST FOR
RECONSIDERATION RE THE
SEPTEMBER 30, 2011 ORDER RE
DESTRUCTION OF FIREARMS (DOC. 88)

Respondent.

12
13
14

For the reasons set forth in the concurrently-filed memorandum decision:
(1) Petitioner’s motion for reconsideration of the September 30, 2011 order re

15
16

disposition of firearms is DENIED.

17

(2) Petitioner’s alternative request for a stay pending appeal of the September 30,

18

2011 Order is GRANTED. The stay shall extend throughout pendency of any

19

appeal, but shall expire automatically if Petitioner fails to file a notice of appeal

20

within thirty (30) days following electronic service of this Order.

21
22

SO ORDERED
Dated: October 27, 2011

23
/s/ Lawrence J. O’Neill
United States District Judge

24
25
26
27
28
1