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BABBITT v. WOODFORD

No. 99-70526.

177 F.3d 744 (1999)

Manuel Pina BABBITT, Petitioner, v. Jeanne WOODFORD, Acting Warden, California State Prison at San Quentin, Respondent.

United States Court of Appeals, Ninth Circuit.

May 3, 1999.

Attorney(s) appearing for the Case

Fern M. Laethem, State Public Defender, and Pillsbury, Madison & Sutro, Los Angeles, California, for petitioner Manuel P. Babbitt.

Ward A. Campbell, Deputy Attorney General, Los Angeles, California, for respondent Woodford.

Before: BRUNETTI, THOMPSON and HAWKINS, Circuit Judges.

PER CURIAM:

Manuel Pina Babbitt, a California state prisoner sentenced to die tomorrow morning at 12:01 a.m., has filed a motion for a stay of execution and an application for leave to file a successive petition for writ of habeas corpus under the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA"), 28 U.S.C. § 2244(b)(3) (1998). The Supreme Court of California this afternoon denied Babbitt's latest habeas petition and request for a stay of execution...

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