Time extension for filing petition for certiorari denied, since
sufficient time remains for that purpose. Stay of Court of Appeal
mandate denied, as that mandate has already issued. Application for
bail pending action on petition for certiorari is denied, since
initial ruling on such an application should be made by Court of
Appeal, to which request may be made under Fed.Rule App.Proc.
See: 393 F.2d 879 and 294 F. Supp. 1283.
Memorandum of MR. JUSTICE HARLAN, Circuit Justice.
Applicant requests an extension of time to file a petition for
certiorari. Since, in the posture of this case, his time for filing
will not expire until December 31, 1969, I perceive no necessity
for an extension at this stage. No reason appears why the time
remaining will not be sufficient for the preparation and filing of
a petition for certiorari.
Applicant also requests a stay of the mandate of the Court of
Appeals for the Second Circuit and continuance of bail pending
determination of his petition for certiorari. Pursuant to the
opinion of the Court of Appeals, the mandate has already issued.
Treating the papers as an application for bail pending action on
the petition, I note that there is no sign that applicant has made
a request to the Court of Appeals, as he may under Fed.Rule
App.Proc. 23(b). In my view, that court should have an opportunity
to consider applicant's request before it is entertained by a
Justice of this Court. Cf. U.S.Sup.Ct.Rule 27.