decided: December 18, 1961.
BAILEY ET AL
PATTERSON ET AL.
ON MOTION FOR STAY INJUNCTION PENDING APPEAL.
Warren, Black, Frankfurter, Douglas, Clark, Harlan, Brennan, Whittaker, Stewart
Author: Per Curiam
[ 368 U.S. Page 346]
This is a motion for an injunction to stay the prosecution of a number of criminal cases in the courts of Mississippi pending an appeal to this Court from the judgment of a three-judge Federal District Court. A federal injunction to stay state criminal proceedings is an extraordinary remedy. Cf. Douglas v. City of Jeannette, 319 U.S. 157; Ex parte Young, 209 U.S. 123. In addition to the considerations normally attending an application for such relief, a serious question of standing is presented on this
[ 368 U.S. Page 347]
motion, in that it appears that the movants themselves are not being prosecuted in the Mississippi courts. On the record before us the motion for a stay injunction pending appeal is denied.
MR. JUSTICE BLACK and MR. JUSTICE FRANKFURTER concur in the denial of a stay solely on the ground that the three movants are not themselves being prosecuted or threatened with prosecutions in Mississippi and they therefore reach no other questions.
Reported below: 199 F.Supp. 595.
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