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LINDSEY v. THIGPEN

No. 89-7299.

875 F.2d 1516 (1989)

Michael LINDSEY, Petitioner-Appellant, v. Morris THIGPEN, Commissioner, Alabama Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

May 1, 1989.

Attorney(s) appearing for the Case

Louis E. Braswell, David A. Bagwell, Mobile, Ala., for petitioner-appellant.

Ed Carnes, Asst. Atty. Gen., Montgomery, Ala., for respondent-appellee.

Before TJOFLAT, VANCE and KRAVITCH, Circuit Judges.

BY THE COURT:

Michael Lindsey, convicted of murder and sentenced to death seeks a certificate of probable cause to appeal the district court's denial of his second petition for habeas corpus. He also has moved to expedite the appeal and to stay his execution, which currently is scheduled for May 26, 1989. We decline to issue a certificate of probable cause.

I. BACKGROUND

The facts of Lindsey's case are set forth in our opinion affirming the district...

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