In re Byrd

Order Petitioner seeks a stay of execution of his pending death sentence. On March 14, 1994, this court, following a denial of Petitioner's stay application by District Judge Carl B. Rubin, granted Petitioner's Emergency Motion for Stay of Execution. We now adhere to the relief granted on that issue. We also conclude that the petition for writ of habeas corpus is before the district court. Upon further consideration, we find that Petitioner's requests for further relief in the form of an abeyance of the habeas proceedings until the Supreme Court could address one of the claims implicated in the habeas action, stay of the habeas proceedings to permit further investigation and discovery and allowance of costs for that investigation, and leave to amend the habeas petition to include any newly discovered claims, were not properly before this court and must be addressed by the district court. Accordingly, we amend our prior order as follows: