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Case 4:11-cv-01696 Document 43-5 Filed in TXSD on 10/23/15 Page 1 of 1

IN THE UNITED STATES DISTRICT COURT


FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
RAPHAEL DEON HOLIDAY,
TDCJ-ID NO. 999419,

Petitioner,
v.
WILLIAM STEPHENS, Director,
Texas Department of Criminal
Justice, Institutional Division,

CIVIL ACTION NO. 4:11-CV-1696

CAPITAL CASE

Respondent.
[PROPOSED] ORDER
Petitioner Raphael Deon Holiday, an inmate on Texass death row, is scheduled for
execution on November 18, 2015. He has filed a Motion to Reconsider orders denying
appointment of substitute counsel under 18 U.S.C. 3599 and seeks a stay of execution under 28
U.S.C. 2251. Having considered the motion and the governing law, the court finds the motion
well-taken.

The court GRANTS Mr. Holidays Motion to Reconsider and ORDERS

appointment of substitute counsel under 3599.


The court further concludes that a stay of the November 18, 2015 execution date under 28
U.S.C. 2251 is necessary to ensure that substitute counsel, once appointed, has a meaningful
opportunity to pursue all rights afforded Mr. Holiday by the granting of relief under 3599
through this Order. 28 U.S.C. 2251(a)(3); McFarland v. Scott, 512 U.S. 849, 858 (1994).
Therefore, the court STAYS the execution pending further order of the court.
SIGNED at Houston, Texas, on this __ day of October, 2015.

_______________________________
Sim Lake
UNITED STATES DISTRICT JUDGE