opinion: Per Curiam.
  This matter comes to the Court on the application of the State of North Carolina to vacate an order of a single Circuit Judge of the United States Court of Appeals for the Fourth Circuit, granting, at 12:05 a. m. today, respondent’s application for a stay of execution. Circuit Judge Phillips had jurisdiction to consider respondent’s application pursuant to 28 U. S. C. § 1651; accordingly, this Court has jurisdiction to consider the State’s application. A transcript of Judge Phillips’ opinion is before the Court. The application to vacate the stay of execution entered today, January 13, 1984, by Circuit Judge Phillips, was presented to the Chief Justice and by him referred to the Court.
  The application to vacate said stay is granted.
  It is so ordered.