Grace v. Cain

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA JESSIE JAMES GRACE, III CIVIL ACTION VERSUS NO. 02-3818 TIM HOOPER, WARDEN SECTION AH@(2) ORDER Before the Court is Respondent Tim Hooper’s Motion to Stay Judgment and Release Pending Appeal (Doc. 178). On March 15, 2024, this Court granted Petitioner Jessie James Grace, III habeas relief and ordered that he be retried or released within 120 days.1 Thereafter, Respondent filed the instant motion seeking a stay of that judgment pending appeal. Petitioner opposes. Rule 23(c) of the Federal Rules of Appellate Procedure creates a…