Rehearing and Rehearing En Banc Denied November 17, 1987.
KRAVITCH, Circuit Judge:
In this case we must determine whether a district court may dismiss a first federal habeas corpus petition as an abuse of the writ because the petition was filed on the eve of the petitioner's scheduled execution. We conclude that the scheduling of an execution does not, in and of itself, create a basis for dismissing a petition under the abuse of the writ doctrine, codified...
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