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BYRD v. DELO

No. 90-507C(1).

733 F.Supp. 1334 (1990)

Maurice Oscar BYRD, Petitioner, v. Paul DELO, etc, et al., Respondents.

United States District Court, E.D. Missouri, E.D.

March 26, 1990.

Attorney(s) appearing for the Case

Burton Shostak, Deborah Kerns, Moline, Oettsen, Mauze, Leggat & Shostak, Clayton, Mo., for petitioner.

John Morris, Stephen Hawke, Asst. Atty. Gen., Jefferson City, Mo., for respondent.

MEMORANDUM

NANGLE, Chief Judge.

Petitioner brings the instant habeas petition seeking a stay of execution and a hearing on the merits of his petition. Because, however, this is petitioner's second federal habeas petition1, the Court must first determine whether petitioner is procedurally or equitably barred from pursuing the claims in this petition. See Mercer v. Armontrout, 864 F.2d 1429

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