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Jones v. Norris

August 8, 2007

JACK HAROLD JONES, JR., PETITIONER,
v.
LARRY NORRIS, DIRECTOR OF THE ARKANSAS DEPARTMENT OF CORRECTIONS, RESPONDENT.



The opinion of the court was delivered by: Ortrie D. Smith, Judge United States District Court

ORDER GRANTING RESPONDENT'S MOTION TO DISSOLVE STAY OF EXECUTION

On June 14, 2006, the Court of Appeals denied Petitioner's request for a Certificate of Appealability and dismissed his appeal. On December 26, 2006, the Supreme Court denied a Petition for Writ of Certiorari. Now pending is Respondent's Motion to Dissolve Stay of Execution originally imposed by this Court on November 3, 2000. Respondent's motion (Doc. # 73) is granted.

Respondent's argument is quite simple: this case is over, and there is no reason for the stay to remain in place. Petitioner does not fault this logic; instead, he contends his involvement in another lawsuit (Nooner v. Norris, 06-cv-00110-SWW) challenging Arkansas' method of execution justifies a stay. The undersigned has no opinion on this matter, but even if Petitioner is correct he has only established a stay should be issued by Judge Wright. Petitioner's participation in another case cannot justify a stay being issued from this case.

For these reasons, the stay of execution issued in this case on November 3, 2000, is dissolved, without prejudice to Petitioner's right to seek a stay of execution in the Nooner case.

IT IS SO ORDERED.

20070808

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