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, )

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