Wiley v. Department of Energy

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

SHERRY ANN WILEY CIVIL ACTION

VERSUS NO. 21-933

THE DEPARTMENT OF ENERGY, et al. SECTION M (2)

ORDER Considering the motion of plaintiff Sherry Ann Wiley to stay all proceedings and keep everything at a stay pending her appeal (R. Doc. 147), IT IS ORDERED that the motion is DENIED. While “the issuance of a stay is left to the court’s discretion,” it considers four factors: “‘(1) whether the stay applicant has made a strong showing that he is likely to succeed on the merits; (2) whether the applicant will be irreparably injured absent a stay; (3) whether issuance of the stay will substantially injure the other parties interested in the proceeding; and (4) where the public interest lies.’” Nken v. Holder, 556 U.S. 418, 434 (2009) (quoting Hilton v. Braunskill, 481 U.S. 770, 776 (1987)). In her motion, plaintiff does not address any of these factors, and none weighs in favor of a stay. New Orleans, Louisiana, this 8th day of September, 2021.

________________________________ BARRY W. ASHE UNITED STATES DISTRICT JUDGE