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Wood v. Ryan

United States Court of Appeals, Ninth Circuit

July 18, 2014

JOSEPH RUDOLPH WOOD, III, Petitioner - Appellant,
v.
CHARLES L. RYAN, interim Director, Arizona Department of Corrections, Respondent - Appellee

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

For Joseph Rudolph Wood, III, Petitioner - Appellant: Julie Hall, Law Offices of Julie S. Hall, Oracle, AZ; Kevin Clarence Lerch, Attorney, Law Office of Kevin C. Lerch, Tucson, AZ; Dale A. Baich, Jennifer Yolanda Garcia, Esquire, Assistants Federal Public Defender, Fpdaz - Federal Public Defender's Office (Phoenix), Phoenix, AZ.

For CHARLES L. RYAN, interim Director, Arizona Department of Corrections, Respondent - Appellee: Kent Ernest Cattani, Chief Counsel, Lacey Stover Gard, Assistant Attorney General, Jeffrey A. Zick, Esquire, Assistant Attorney General, Arizona Attorney General's Office, Phoenix, AZ; Amy Pignatella Cain, Assistant Attorney General, Agaz - Office of The Arizona Attorney General (Tucson), Tucson, AZ; Lacey Stover Gard, Assistant Attorney General, Office of The Attorney General, Tucson, AZ.

Before: WARDLAW, Circuit Judge.

ORDER

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

Page 920

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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