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FAUTENBERRY v. MITCHELL

No. 09-3847.

571 F.3d 1341 (2009)

John FAUTENBERRY, Petitioner-Appellant, v. Betty MITCHELL, Warden, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 13, 2009.

Attorney(s) appearing for the Case

ON BRIEF: Dennis Lyle Sipe, Buell & Sipe, Marietta, Ohio, Tyson L. Fleming, Randall L. Porter, Ohio Public Defender's Office, Columbus, Ohio, for Appellant. Matthew A. Kanai, Office of The Ohio Attorney General, Columbus, Ohio, for Appellee.

BATCHELDER, J., delivered the opinion of the court, in which GILMAN, J., joined. MOORE, J. (p. 1342), delivered a separate concurring opinion in the judgment.

OPINION

ALICE M. BATCHELDER, Circuit Judge.

Petitioner appeals the district court's orders denying his Renewed Request for Funding for a neuro-psychologist and for a stay of execution. We affirm.

In an order dated July 10, 2009, we affirmed the district court's order denying Petitioner's initial Request for Funding and held that there was no basis upon which we could stay the scheduled execution. We note that, although we were unaware...

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