MONTOYA v. COLLINS

No. 93-1261.

988 F.2d 11 (1993)

Ramon MONTOYA, Petitioner-Appellant, v. James COLLINS, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

March 24, 1993.


Attorney(s) appearing for the Case

Kenneth Duff Lewis, Washington, DC, and Arlington, TX, for petitioner-appellant.

Dan Morales, Atty. Gen., Margaret P. Griffey, Asst. Atty. Gen., Austin, TX, for respondent-appellee.

Before POLITZ, Chief Judge, JOLLY, and JONES, Circuit Judges.


PER CURIAM:

Petitioner-Appellant Ramon Montoya, scheduled to be executed after midnight tonight, Wednesday, March 24, 1993, has applied to this court for a certificate of probable cause to appeal. Concurrently, he seeks leave to appeal in forma pauperis and a stay of execution. This is his second appearance in our court, his earlier habeas appeal having been considered and denied in Montoya v. Collins,

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