Rukes v. State of Montana et al

Filing 51

ORDER granting 50 Motion for an Extension of the Rule 62 Stay. The stay shall remain in effect until September 12, 2014. Signed by Magistrate Judge Jeremiah C. Lynch on 8/11/2014. (TAG, )

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FILED IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA MISSOULA DIVISION JACK NORMAN RUKES, AUG 11 2014 Cieri<. u.s District Court District Of Montana Missoula Cause No. CV 13-116-M-JCL Petitioner, ORDER GRANTING MOTION TO CONTINUE STAY PENDING APPEAL vs. MARTIN FRINK; ATTORNEY GENERAL OF THE STATE OF MONTANA, Respondents. This matter came before the Court on Petitioner Rukes's application for writ of habeas corpus under 28 U.S.C. § 2254. On March 11,2014, based on the parties' written consent, see Consents (Doc. 27-1, 27-2), the case was assigned to the undersigned for all purposes, including entry ofjudgment and post-judgment proceedings, 28 U.S.C. § 636(c). The Court entered a stay under Fed. R. Civ. P. 62 on July 9, 2014, to allow either or both parties time to move the Court of Appeals for a limited remand to correct the form of relief granted to Rukes. Respondents ("the State") filed a motion for remand on July 18, 2014, but the Court of Appeals has not yet ruled on the motion. The State now requests an extension of the stay under Rule 62 for an additional 30 days to accommodate briefing and ruling on the motion for remand. 1 Although Petitioner Rukes opposes the extension, the State's request is a reasonable one. Based on the foregoing, the Court enters the following: ORDER The State's motion for an extension ofthe Rule 62 stay (Doc. 50) is GRANTED. The stay shall remain in effect until September 12,2014. DATED this lII~day of August, 2014. e iah C. Lynch ted States Magistrate Judge 2

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