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MAY v. COLLINS

No. 92-7272.

961 F.2d 74 (1992)

JUSTIN LEE MAY, Petitioner-Appellant, v. JAMES A. COLLINS, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

May 6, 1992.

Attorney(s) appearing for the Case

Barbara Lowe, Houston, Tex., Willard K. Tom, Francis M. Gregory, Jr., David T. Shelledy, Cheryl A. Maier, Sutherland, Asbill & Brennan, Washington, D.C., for petitioner-appellant.

Dan Morales, Atty. Gen., Bob Walt, Asst. Atty. Gen., Austin, Tex., for respondent-appellee.

Before KING, JOLLY, and SMITH, Circuit Judges.

PER CURIAM:

Justin Lee May is scheduled to be executed before dawn on May 7, 1992. On February 26, we affirmed the denial of habeas relief in his third federal habeas corpus petition. May v. Collins, 955 F.2d 299 (5th Cir.1992), petition for cert. and for stay of execution filed, No. 91-7832 (U.S. April 2, 1992). On April 29, he filed a motion for relief from judgment under Rule 60(b) of the Federal Rules of Civil Procedure...

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