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Martinez v. United States

United States District Court, M.D. Tennessee, Nashville Division

September 9, 2014

AVELINO CRUZ MARTINEZ
v.
UNITED STATES OF AMERICA, LOUISE W. KELTON, U.S. MARSHAL

ORDER

ALETA TRAUGER, District Judge.

Pending before the court is Petitioner's Motion For a Stay Pending Appeal, in which he seeks a stay of this court's order of July 10, 2014, denying his Amended Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 (Docket No. 15). The court's denial of his amended habeas petition left in place the Magistrate Judge's Certification Order, issued January 17, 2014, certifying his finding that Cruz is subject to extradition to the Secretary of State, as required by 18 U.S.C. § 3184, and ordering that Cruz be committed to the custody of the U.S. Marshal for this district pending final disposition of this matter by the Secretary of State. (Case No. 3:13-mj-2042, Docket No. 64.)

For the reasons stated in the accompanying Memorandum, Petitioner's Motion for a Stay Pending Appeal is GRANTED. Accordingly, the Magistrate Judge's January 17, 2014 Certification Order is hereby STAYED until the appeal of this court's denial of Petitioner's Amended Petition for Writ of Habeas Corpus is completed.

IT IS SO ORDERED.


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