Wiley v. Department of Energy et al

Filing 152

ORDER: DENYING #147 Motion to Stay, as stated herein. Signed by Judge Barry W Ashe on 09/08/2021. (am)

Case 2:21-cv-00933-BWA-DPC Document 152 Filed 09/08/21 Page 1 of 1

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
SHERRY ANN WILEY

CIVIL ACTION

VERSUS

NO. 21-933

THE DEPARTMENT OF ENERGY, et al.

SECTION M (2)

ORDER
Considering the motion of plaintiff Sherry Ann Wiley to stay all proceedings and keep
everything at a stay pending her appeal (R. Doc. 147),
IT IS ORDERED that the motion is DENIED. While “the issuance of a stay is left to the
court’s discretion,” it considers four factors: “‘(1) whether the stay applicant has made a strong
showing that he is likely to succeed on the merits; (2) whether the applicant will be irreparably
injured absent a stay; (3) whether issuance of the stay will substantially injure the other parties
interested in the proceeding; and (4) where the public interest lies.’” Nken v. Holder, 556 U.S.
418, 434 (2009) (quoting Hilton v. Braunskill, 481 U.S. 770, 776 (1987)). In her motion, plaintiff
does not address any of these factors, and none weighs in favor of a stay.
New Orleans, Louisiana, this 8th day of September, 2021.
________________________________
BARRY W. ASHE
UNITED STATES DISTRICT JUDGE