Local Rule L.R. 83-17.6: Stays of Execution
C.D. Cal. — Civil rule
L.R. 83-17.6 Stays of Execution
(a) Stay Pending Final Disposition - Upon the filing of a habeas corpus petition, unless the petition is patently frivolous or clearly premature, the Court may issue a stay of execution pending final disposition of the petition in the district court.
(b) Stay for the Request for Appointment of Counsel - Upon the filing of a request for appointment of counsel, unless the request is patently frivolous or clearly premature, the Court must issue a temporary stay of execution. The stay must terminate not later than 90 days after counsel is appointed or the request for appointment of counsel is withdrawn or denied.
(c) Stay Pending Appeal - If the petition is denied and a certificate of appealability is issued, the Court may grant a stay of execution which will continue in effect until the Court of Appeals acts upon the appeal or the order of stay.
(d) Notice of Stay - Upon the granting of any stay of execution, the Clerk of the Court must immediately notify the Custodian of the prisoner and the California Attorney General. The California Attorney General must assure that the Clerk of the Court has a twenty-four (24) hour telephone number to the Custodian.