Frauenheim

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MARIO ARCIGA, No. 1:15-cv-01372-DAD-CDB (HC) Petitioner, v. ORDER DENYING RESPONDENT’S

MOTION TO STAY PENDING APPEAL

SCOTT FRAUENHEIM, Warden, (Doc. No. 72) Respondent.

16 This matter is before the court on respondent’s motion to stay the effect of this court’s November 21, 2022 order granting habeas relief (Doc. No. 68) pending respondent’s appeal of that order to the Ninth Circuit. (Doc. No. 72.) In the pending motion, respondent alternatively requests that this court enter a temporary stay to enable him to seek a stay from the Ninth Circuit. (Id. at 5.) A hearing on the pending motion was not held because the parties agreed to have the court decide the motion on the papers. (Id. at 1, n.1.) For the reasons explained below, the court will deny respondent’s motion for a stay of this court’s November 21, 2022 order. BACKGROUND On June 15, 2022, the court issued an order providing…