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LENZ v. TRUE

No. 7:04CV00347.

324 F.Supp.2d 796 (2004)

Michael W. LENZ, Petitioner, v. William Page TRUE, Warden, Sussex I State Prison, Respondent.

United States District Court, W.D. Virginia, Roanoke Division.

July 12, 2004.

Attorney(s) appearing for the Case

Jennifer L. Givens, Virginia Capital Representation Resource Center, Charlottesville, VA, for Petitioner.

Paul C. Galanides, Assistant Attorney General, Richmond, VA, for Respondent.

ORDER

JONES, Chief Judge.

Michael W. Lenz is a state prisoner under capital sentence who has given notice that he intends to file a petition for a writ of habeas corpus in this court. On June 30, 2004, this court stayed Lenz's execution, which was scheduled for the following day, pursuant to McFarland v. Scott, 512 U.S. 849, 859, 114 S.Ct. 2568, 129 L.Ed.2d 666 (1994) (holding that a federal district court has jurisdiction...

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