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CUEVAS v. COLLINS

No. 91-2510.

932 F.2d 1078 (1991)

Ignacio CUEVAS, Petitioner-Appellant, v. James A. COLLINS, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

May 22, 1991.

Attorney(s) appearing for the Case

Mandy Welch, Austin, Tex., for petitioner-appellant.

Bob Walt, Asst. Atty. Gen., Austin, Tex., Bill White, Staff Counsel of Inmates, Texas Dept. of Corr., Huntsville, Tex., for respondent-appellee.

Before HIGGINBOTHAM, JONES, and BARKSDALE, Circuit Judges.

PER CURIAM:

This is a subsequent petition for writ of habeas corpus in a capital case tried in Harris County, Texas. Execution is scheduled for May 23, 1991, between midnight and sunrise. We deny an application for stay of execution, vacate the district court's grant of a certificate of probable cause as improvidently granted, and affirm the dismissal of the petition by the United States District Court.

I.

-1-

Ignacio Cuevas was indicted...

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