Joseph Rudolph Wood, Iii v. Charles L. Ryan, interim Director, Arizona Department of Corrections

08-99003Court of Appeals for the Ninth CircuitJul 18, 2014

Full text

FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JOSEPH RUDOLPH WOOD, III,
Petitioner-Appellant,
v.
CHARLES L. RYAN, interim Director,
Arizona Department of Corrections,
Respondent-Appellee.
No. 08-99003
D.C. No.
4:98-CV-00053-
JMR
ORDER
Filed July 18, 2014
Before: Kim McLane Wardlaw, Circuit Judge.
ORDER
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 . . . .”);

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WOOD V. RYAN 2
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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