In Re Norman Stumes

The motion of petitioner for leave to proceed in forma pauperis is granted.

Petitioner seeks a writ of mandamus to review an order of the District Court staying the execution of this Court’s mandate pending action by the Supreme Court of the United States on a petition for a writ of certiorari filed by respondent Herman Solem. The District Court’s order entered on May 10, 1982, relies on 28 U.S.C. Section 2101(f) as authority for its ruling. We are not persuaded that Section 2101(f) grants the District Court this authority. The statute provides that in any case in which the final judgment of…