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BERRY v. PHELPS

No. 86-3558.

795 F.2d 504 (1986)

Benjamin A. BERRY, Petitioner-Appellant, v. C. Paul PHELPS, Secretary of Department of Corrections, and Frank Blackburn, Warden of Louisiana State Prison, Angola, Louisiana, Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

July 30, 1986.

Attorney(s) appearing for the Case

Samuel S. Dalton, Jefferson, La., for petitioner-appellant.

John Mamoulides, Dist. Atty., Gretna, La., for respondents-appellees.

Before GARWOOD, JOLLY and DAVIS, Circuit Judges.

PER CURIAM:

Petitioner, who is scheduled to be executed on August 1, 1986, appeals the order of the district court denying his application for habeas corpus, denying his application for a certificate of probable cause and for a stay pending appeal. The district court dismissed the writ application on grounds that Berry abused the writ. In addition to a notice of appeal, Berry has filed in this court an application for a stay of execution and leave to proceed in forma...

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