Chamberlin v. Epps et al

Filing 69

ORDER granting 64 Motion to Stay Case; Respondents to notify Court within 30 days of entry of 5th Circuit's mandate. Signed by District Judge Carlton W. Reeves on May 27, 2015 (Rushing, Terryl)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
EASTERN DIVISION
LISA JO CHAMBERLIN
VS.

PETITIONER
CIVIL ACTION NO.: 2:11CV72CWR

MARSHALL L. FISHER, Commissioner,
Mississippi Department of Corrections,
and JIM HOOD, Attorney General

RESPONDENTS

ORDER GRANTING MOTION TO STAY
This matter came before the Court on the Respondents’ Motion to Stay Order [Doc. #64].
Respondents seek to stay the Court’s earlier Memorandum Opinion and Order, by which they are
required to release Petitioner from custody unless she is granted a new trial within 120 days.
Respondents have already filed a Notice of Appeal of this Court’s Judgment, and they seek a stay
pending the resolution of that appeal. Having reviewed the Motion, Petitioner’s Response, and
Respondents’ Reply, the Court is of the opinion that, given the legal arguments advanced by
Respondents and the nature of this case, the Motion should be granted. See Hilton v. Braunskill, 481
U.S. 770, 778 (1987).
IT IS, THEREFORE, ORDERED that Respondents’ Motion to Stay Order [Doc. #64] is
hereby granted, and execution of the Court’s Judgment is stayed pending resolution of Respondents’
appeal. Respondents are ordered to notify this Court within thirty days of the entry of the mandate
by the United States Court of Appeals for the Fifth Circuit disposing of the appeal of this case.
IT IS SO ORDERED, this the 27th day of May, 2015.
/s/ Carlton W. Reeves
Hon. Carlton W. Reeves
United States District Judge