Wood v. Ryan

                                                                                   FILED
                                FOR PUBLICATION                                     JUL 18 2014

                                                                               MOLLY C. DWYER, CLERK
                     UNITED STATES COURT OF APPEALS                              U.S. COURT OF APPEALS



                             FOR THE NINTH CIRCUIT


JOSEPH RUDOLPH WOOD, III,                           No. 08-99003

               Petitioner - Appellant,              D.C. No. 4:98-CV-00053-JMR
                                                    District of Arizona,
   v.                                               Tucson

CHARLES L. RYAN, interim Director,
Arizona Department of Corrections,                  ORDER

               Respondent - Appellee.


Before: WARDLAW, Circuit Judge.

        Petitioner has filed a Petition for Writ of Habeas Corpus and Motion for Stay

of Execution. Because the three-judge panel consisting of Judges Thomas, Gould,

and Bybee has jurisdiction over Appeal No. 08-99003 and petitioner’s execution is

not “imminent,” the Petition for Writ of Habeas Corpus and Motion for Stay of

Execution is referred to the Clerk for determination by the three-judge panel. See

Cir. R. 22-2(c) (“Once a case is assigned to a death penalty panel, the panel will

handle all matters pertaining to the case . . . .”); Cir. R. 22-4(e) (“In all capital cases

where petitioner seeks a stay of execution, the Clerk shall refer any motion for a
stay of execution to the death penalty panel.”).

      IT IS SO ORDERED.




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