Owens v. Stirling et al

Filing 100

ORDER finding that Petitioner should be granted a stay of execution. IT IS FURTHER ORDERED that this stay shall be extended pending resolution of Petitioner's habeas petition. Signed by Chief Judge Terry L. Wooten on 8/10/2016. (bgoo)

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

Case No. 0:16-cv-02512-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 August 5, 2016. ECF No. 96. This Court previously granted four ninety-day stays of
execution, which terminated on November 13, 2015, February 22, 2016, May 19, 2016, and August
15, 2016, respectively. ECF Nos. 9, 30, 47, 69. Petitioner now asks this Court to grant another
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. As he has now filed his habeas petition, ECF No. 83, this
stay shall be extended pending resolution of his petition.
IT IS SO ORDERED.
s/ Terry L. Wooten
Terry L. Wooten
Chief United States District Judge
August 10, 2016
Columbia, South Carolina

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