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SWEARINGEN v. THALER

No. 09-70036.

LARRY RAY SWEARINGEN, Petitioner-Appellant, v. RICK THALER, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, CORRECTIONAL INSTITUTIONS DIVISION, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Filed: April 7, 2011.

PER CURIAM.*

Appellant Larry Ray Swearingen was scheduled for execution on January 27, 2009. He sought permission to file a successive petition for writ of habeas corpus, which this court granted in part the day before his execution. In re Swearingen, 556 F.3d 344 (5th Cir. 2009). On remand, however, the district court concluded that Swearingen failed to satisfy the requirements of 28 U.S.C...

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