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NANCE v. NORRIS

No. 05-4090.

429 F.3d 1194 (2005)

Eric Randall NANCE, Petitioner/Appellee, v. Larry NORRIS, Director, Arkansas Department of Correction, Respondent/Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: November 22, 2005.

Rehearing and Rehearing Denied November 28, 2005.

Attorney(s) appearing for the Case

Bruce David Eddy, Federal Public Defender's Office, Craig Lambert, Little Rock, AR, for Petitioner/Appellee.

Eric Randall Nance, Grady, AR, pro se.

Kelly Kristine Hill, Attorney General's Office, Little Rock, AR, for Respondent/Appellant.

Before ARNOLD, BEAM, and MELLOY, Circuit Judges.

Rehearing and Rehearing En Banc Denied November 28, 2005.*

PER CURIAM.

Before the court is respondent's motion to vacate a stay of execution entered by the district court. We grant the motion and vacate the stay.

On November 14, 2005, petitioner filed a pleading captioned "Petition for Writ of Habeas Corpus" accompanied by a motion for stay of execution. The district court construed the petition as a requested amendment...

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