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IN RE BYRD

No. 01-3927.

269 F.3d 544 (2001)

In re John W. BYRD, Jr., Movant.

United States Court of Appeals, Sixth Circuit.

Filed: September 10, 2001.

Attorney(s) appearing for the Case

David H. Bodiker, Jane P. Perry, Public Defender's Office, Ohio Public Defender Commission, David M. Gormley, Office of the Atty. Gen., Columbus, OH, for Appellant.

Before: JONES, SUHRHEINRICH, and BATCHELDER, Circuit Judges.

Pursuant to Sixth Circuit Rule 206

ORDER DENYING JOHN BYRD'S MOTION TO DETERMINE WHETHER 28 U.S.C. § 2244(b) OF THE AEDPA APPLIES TO HIS CASE, AND GRANTING A TEMPORARY STAY OF EXECUTION UNTIL SEPTEMBER 18, 2001.

SUHRHEINRICH, Circuit Judge.

Movant John W. Byrd, scheduled to be executed by the State of Ohio on September 12, 2001 at 10 a.m., seeks a stay of execution while he pursues a second federal...

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