Opinion
Cause No. 3:99-CV-157 RM Death Penalty Case.
July 18, 2005
OPINION AND ORDER
This matter is before the court sua sponte to permit the parties to show cause why this court should not lift the stay and dismiss this case for want of jurisidiction. Currently this case is stayed and statistically closed. Counsel are required to file a joint status report every six months. The most recent status report states:
On December 1, 2004 the state post-conviction trial court granted the Petition for Post-Conviction Relief and vacated Minnick's death sentence. Mr. Minnick is no longer eligible for the death penalty and the State does not intend to appeal this ruling.
Docket # 166 at 1. Though "counsel suggests it would be appropriate to continue the stay" (docket # 166 at 2), it is unclear that this court continues to have jurisdiction in light of the reasoning behind the disposition of the appeal fromBen-Yisrayl v. Davis, 245 F.Supp.2d 960 (N.D. Ind. 2002) (unpublished appellate decision reported at 114 Fed. Appx. 760). See also Maharaj v. Sec'y for the Dep't of Corr., 304 F.3d 1345 (11th Cir. 2002) and Walker v. Crosby, 341 F.3d 1240, 1246 (11th Cir. 2003).
For the foregoing reasons, the parties are ORDERED to SHOW CAUSE on or before September 1, 2005 why this court continues to have jurisdiction over this case.
SO ORDERED.