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MINERVA v. SINGLETARY

No. 93-2982.

4 F.3d 938 (1993)

Michael J. MINERVA, Capital Collateral Representative, and Judith J. Dougherty, Assistant Capital Collateral Representative, as next friend to Michael Durocher, Petitioner, v. Harry K. SINGLETARY, Jr., Secretary, Florida Department of Corrections, Respondent.

United States Court of Appeals, Eleventh Circuit.

August 24, 1993.

Attorney(s) appearing for the Case

Martin J. McClain, Office of Capital Collateral Representative, Tallahassee, FL, for petitioner.

Richard B. Martell, Asst. Atty. Gen., Dept. of Legal Affairs, Tallahassee, FL, for respondent.

Before TJOFLAT, Chief Judge, EDMONDSON and CARNES, Circuit Judges.

BY THE COURT:

At the outset, the question before this court, in considering whether to grant a certificate of probable cause to appeal and a stay of execution, is whether Michael J. Minerva and Judith J. Dougherty have standing to proceed as next friend for Michael J. Durocher. Durocher has repeatedly and expressly declined to take any steps to interfere with his scheduled execution.

Those who seek federal habeas corpus relief in a next friend capacity have...

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