Stays of Execution (a) Stay Pending Final Disposition. Upon the filing of a first paper or pleading by a petitioner who was convicted and sentenced to death in this District, unless the pleading is pa

U.S. District Court for the Northern District of California

Rule Set: Habeas Corpus Local Rules of the United States District Court for the Northern District of California

Rule: 2254-24

Jurisdiction: NDCA

Bluebook Citation: N.D. Cal. Hab. L.R. 2254-24

(b) Temporary Stay for Transfer of Venue. When a first paper or pleading is filed by a petitioner who was convicted and sentenced to death in another district, the Clerk shall include a proposed order staying execution with the order presented to a Judge pursuant Habeas L. R. 2254-22(c). The signed stay of execution shall remain in effect until the transferee court acts on it. (c) Stay Pending Appeal.

If the Court dismisses or denies the petition and issues a certificate of probable cause for appeal or a certificate of appealability, the Court will grant a stay of execution which shall remain in effect until the United States Court of Appeals for the Ninth Circuit acts upon the appeal or the order of stay. (d) Notice of Stay. Upon the granting of any stay of execution, the Clerk will immediately notify the Warden of San Quentin Prison and the Attorney General. The Attorney General shall ensure that the Clerk has a twenty-four hour telephone number to the Warden.

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