ORDER LIST 10/20/09 (2009)

ORDER IN PENDING CASE

09A356     DOE #1, JOHN, ET AL. V. REED, WA SEC. OF STATE, ET AL.

     The application presented to Justice Kennedy and by him referred to the Court is granted. The order of the United States Court of Appeals for the Ninth Circuit, case Nos. 09-35818, 09-35826, and 09-35863, entered October 15, 2009, is hereby stayed. The September 10, 2009 order of the United States District Court for the Western District of Washington, case No. C09-5456BHS, granting the motion for preliminary injunction shall remain in effect pending the timely filing and disposition of a petition for a writ of certiorari. Should the petition for a writ of certiorari be denied, this stay shall terminate automatically. In the event the petition for a writ of certiorari is granted, the stay shall terminate upon the sending down of the judgment of this Court.

     Justice Stevens would deny the application.      

REHEARING DENIED

09-5004     MCCLAIN, MARK H. V. HALL, WARDEN

(O9A338)

     The application for stay of execution of sentence of death presented to Justice Thomas and by him referred to the Court is denied. The petition for rehearing is denied.

CERTIORARI DENIED

09-7104      MCCLAIN, MARK H. V. UPTON, WARDEN

(O9A363)

     The application for stay of execution of sentence of death presented to Justice Thomas and by him referred to the Court is denied. The petition for a writ of certiorari is denied.