Hernandez v. Subia et al

Filing 38

ORDER signed by Chief Judge Robert S. Lasnik on 9/2/2010 ORDERING that having reviewed the record in this matter, the Court finds that the equities are fairly balanced. Because the petitioners release, if later deemed improper, would harm both the state and the public, the Court finds that the status quo should remain in effect until this matter is finally resolved; granting 32 Motion to Stay the 8/10/2010 Order pending Appeal. (Waggoner, D)

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ORDER STAYING AUGUST 10, 2010, ORDER

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA _______________________________________ ) RICARDO HERNANDEZ, ) ) Case No. C07-0839RSL-JLW Petitioner, ) v. ) ) ORDER STAYING AUGUST 10, 2010 R.J. SUBIA, ) ORDER ) Respondent. ) _______________________________________) This matter comes before the Court on respondent's "Application for a "Stay of the Court's August 10, 2010 Order." Dkt. # 32. In order to justify a stay pending appeal, respondent has the burden of showing (1) that there is a strong likelihood that he will succeed on the merits of his appeal; (2) that he will suffer irreparable injury if the proceeding is not stayed; (3) that a stay would not substantially injure any other party; and (4) that a stay is in the public's interest. See Hilton v. Braunskill, 481 U.S. 770, 776 (1987). Having reviewed the record in this matter, the Court finds that the equities are fairly balanced. Because the petitioner's release, if later deemed improper, would harm both the state and the public, the Court finds that the status quo should remain in effect until this matter is finally resolved.

For all of the foregoing reasons, respondent's motion to stay the August 10, 2010, order pending appeal is GRANTED.

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Dated this 2nd day of September, 2010.

A

Robert S. Lasnik United States District Judge

ORDER STAYING AUGUST 10, 2010, ORDER

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