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COOEY v. STRICKLAND

No. 2:04-cv-1156.

610 F.Supp.2d 853 (2009)

Richard COOEY, et al., Plaintiffs, v. Ted STRICKLAND, et al., Defendants.

United States District Court, S.D. Ohio, Eastern Division.

April 21, 2009.

Attorney(s) appearing for the Case

Charles L. Wille, J. Eric Holloway, Matthew A. Kanai, Office of The Ohio Attorney General, Columbus, OH, for Defendants.

OPINION AND ORDER

GREGORY L. FROST, District Judge.

This matter is before the Court upon remand for consideration of whether the Court should continue a previously granted stay of execution to intervening plaintiff Kenneth Biros in light of Baze v. Rees, ___ U.S. ___, 128 S.Ct. 1520, 170 L.Ed.2d 420 (2008). For the reasons that follow, this Court finds that Biros is not entitled to a continued stay and VACATES the stay of execution...

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