UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
at CHATTANOOGA
GREGORY THOMPSON,
Petitioner,
v.
RICKY BELL., WARDEN, Riverbend
Maximum Security Institution
Respondent.
No 1: 04-cv-1 77
Edgar/Shirley
O R D E R
Petitioner Gregory Thompson ("Thompson" or “Petitioner”) was convicted of first degree murder and sentenced to death by the. Criminal Court of Coffee County, Tennessee. Petitioner is currently confined at the Riverbend Maximum Security Institution in Nashville, Tennessee. Thompson has filed a petition for writ of habeas corpus and requests an evidentiary hearing on his competency to be executed [Court File No.1]. Petitioner has also filed a motion for stay of execution [Court File No.2], based on a claim that he is incompetent to be executed See Ford v. Wainwright, 477 U.S. 399 (1986). Petitioner has paid the $5.00 filing fee.
Pursuant to 28 U.S.C. § 2251. the Court GRANTS a brief stay of Thompson’s execution that SHALL expire automatically upon the issuance of an order by this court denying Thompson's petition but that shall remain in place upon the issuance of an order granting Thompson's ,writ of habeas corpus [Court File No.2].
The Clerk is DIRECTED to fax an executed copy of 1his Order to Warden Ricky Bell, Riverbend Maximum Security, Nashville, Tennessee; to the Attorney of Genera1 of Tennessee; and Ms . Danna. C. Hansen Chavis of the Federal Community Defender Service in Knoxville. The Clerk is DIRECTED to serve a copy of the entire file in this action by certified mail on the respondent and Attorney General of Tennessee.
It is further ORDERED that Respondent SHALL submit his response within ten ( lO )days from the date of this order.
The case is referred to the Magistrate Judge for the disposition of all non-dispositive motion.
ENTER:
/s/
CURTIS L. COLLIER
UNITED STATES DISTRICT JUDGE