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BELYEU v. JOHNSON

No. 96-50270.

82 F.3d 613 (1996)

Clifton Eugene BELYEU, Petitioner-Appellant, v. Gary JOHNSON, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

April 22, 1996.

Attorney(s) appearing for the Case

James Lloyd Volling, Minneapolis, MN, for Belyeu.

Laura Bayouth Popps, Assistant Attorney General, Office of the Attorney General for the State of Texas, Austin, TX, for Johnson.

Before HIGGINBOTHAM, JONES and DeMOSS, Circuit Judges.

PER CURIAM:

The state appeals an Order entered by the United States District Court vacating an order of execution entered by the state court on March 19, 1996, setting the execution of Clifton Eugene Belyeu for April 22, 1996. We are not persuaded that there was any federal stay of state proceedings in place when the state trial judge set the new execution date. We vacate the order of the district court.

I

The federal district court by Order filed...

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