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: THOMAS, GOULD, and BYBEE, Circuit Judges.
Petitioner filed a Consolidated Petition for Writ of Habeas Corpus and
Motion for Stay of Execution before the Honorable Kim W. Wardlaw. Circuit
Judge Wardlaw referred the Petition and Motion to this panel pursuant to 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 . . . .”) and 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.”).
Under Fed. R. App. P 22(a), “[a]n application for a writ of habeas corpus
must be made to the appropriate district court.” See also Felker v. Turpin, 518
U.S. 651, 660-61 (1996) (noting that the Rule would “bar consideration of original
habeas petitions in the courts of appeal”). Pursuant to Fed. R. App. P. 22(a), if a
habeas petition is filed in the Court of Appeals, “the application must be
transferred to the appropriate district court.”
Therefore, the Consolidated Petition for a Writ of Habeas Corpus and
Motion for a Stay of Execution is transferred to the District of Arizona.
TRANSFERRED.
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