Owens v. Stirling et al

Filing 47

ORDER granting 45 Motion to Stay. The stay shall terminate 90 days after the date of this Order. Parties may seek an additional stay of execution as necessary pursuant to § 2251(a)(1) to allow for full consideration of Petitioner's imminent habeas petition. Signed by Chief Judge Terry L Wooten on 2/19/2016. (bgoo)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Freddie Owens,

Case No. 0:15-mc-00254-TLW-PJG

PETITIONER
v.
Bryan P. Stirling, Commissioner, South
Carolina Department of Corrections; Joseph
McFadden, Warden, Lieber Correctional
Institution,

Order

RESPONDENTS

This matter is before the Court on Petitioner’s Motion for Stay of Execution, which was
filed on February 8, 2016. ECF No. 45. This Court previously granted two ninety-day stays of
execution, which terminated on November 13, 2015 and February 22, 2016, respectively. ECF
Nos. 9, 30. Petitioner now asks this Court to grant another ninety-day stay pursuant to 28 U.S.C.
§ 2251(a)(1). Respondents have not filed a response to the motion.
Having carefully reviewed the record and relevant authority, the Court finds that Petitioner
should be granted a stay of execution. The stay shall terminate 90 days after the date of this Order.
The Parties may seek an additional stay of execution as necessary pursuant to § 2251(a)(1) to allow
for full consideration of Petitioner’s imminent habeas petition.
IT IS SO ORDERED.
s/ Terry L. Wooten
Terry L. Wooten
Chief United States District Judge
February 19, 2016
Columbia, South Carolina

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