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MATHIS v. ZANT

No. 89-8258.

903 F.2d 1368 (1990)

James MATHIS, Petitioner-Appellee, Cross-Appellant, v. Walter ZANT, Warden, Georgia Diagnostic and Classification Center, Respondent-Appellant, Cross-Appellee.

United States Court of Appeals, Eleventh Circuit.

May 29, 1990.

Attorney(s) appearing for the Case

William B. Hill, Jr., Susan V. Boleyn, Dennis R. Dunn, Office of the Atty. Gen., Atlanta, Ga., for respondent-appellant, cross-appellee.

Michael R. Hauptman, Hauptman & Rothstein, Atlanta, Ga., for petitioner-appellee, cross-appellant.

Before TJOFLAT, Chief Judge, FAY and VANCE, Circuit Judges.

PER CURIAM:

The respondent, Walter Zant, Warden of the Georgia Diagnostic and Classification Center, appeals the district court's order setting aside two death sentences received by the petitioner, James Mathis, following his conviction on two counts of murder. The district court's order is not an appealable final decision under 28 U.S.C. § 1291 (1982). We therefore lack jurisdiction to entertain this appeal.

I.

Petitioner was convicted in Georgia...

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