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TAMAYO v. STEPHENS

No. 14-70004.

740 F.3d 991 (2014)

Edgar Arias TAMAYO, Petitioner-Appellant v. William STEPHENS, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

January 22, 2014.

Attorney(s) appearing for the Case

Maurie Levin , Philadelphia, PA, Robin Norris , Law Office of Robin Norris, El Paso, TX, for Petitioner-Appellant.

Thomas Merrill Jones , Assistant Attorney General, Edward Larry Marshall , Office of the Attorney General, Austin, TX, for Respondent-Appellee.

Before HIGGINBOTHAM, SMITH, and HAYNES, Circuit Judges.

PER CURIAM:

Edgar Arias Tamayo ("Tamayo") is scheduled to be executed by the State of Texas on January 22, 2014. He has moved this court for a certificate of appealability ("COA") authorizing him to appeal the district court's denial of habeas relief concerning his claim based on a recent decision of the Inter-American Commission on Human Rights (the "IACHR"). Specifically, he seeks a COA on the following question, together with a question pertinent to his associated...

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