Yates v. Sinclair

Filing 4

ORDER granting stay of execution until 9/10/13; atty general shall immediately notify respondent Stephen Sinclair of stay by Judge Ricardo S Martinez. (RS)

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IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON AT SEATTLE

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ROBERT LEE YATES, JR.,

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Petitioner,
v.

NO. 13-cv-00842-RSM
ORDER GRANTING MOTION FOR
STAY OF EXECUTION

STEPHEN D. SINCLAIR,

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Respondent.

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Based upon a review of the records and files herein and upon Petitioner’s Motion

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for Stay of Execution, it is hereby ORDERED:

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1.

Petitioner has demonstrated the existence of at least one nonfrivolous ground for

federal habeas corpus relief. Pursuant to Local Rule CR 104(h), Petitioner’s application
for a stay of execution is GRANTED.

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2.

The stay of execution shall continue until September 10, 2013. If petitioner files a

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petition for writ of habeas corpus on or before September 10, 2013, the stay of execution

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shall continue until the Court issues a final judgment in this matter. If Petitioner does not

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file a petition on or before September 10, 2013, and does not obtain an extension for

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good cause shown, the stay of execution shall terminate without further action by the
Court on September 11, 2013.

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3.

The Attorney General of Washington shall immediately notify Respondent

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Stephen Sinclair that this Court has issued a stay of Execution.

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DATED this 14 day of May 2013.

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A
RICARDO S. MARTINEZ
UNITED STATES DISTRICT JUDGE