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KINNAMON v. SCOTT

No. 94-20911.

40 F.3d 731 (1994)

Raymond Carl KINNAMON, Petitioner-Appellee, v. Wayne SCOTT, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

December 11, 1994.

Attorney(s) appearing for the Case

Marsha Rutenbar, McKinney, TX, Lynn Lamberty, Houston, TX, for appellee.

Dan Morales, Atty. Gen., William C. Zapalac, Asst. Atty. Gen., Austin, TX, for appellant.

Before GARWOOD, HIGGINBOTHAM and BARKSDALE, Circuit Judges.

PER CURIAM:

I.

Raymond Carl Kinnamon seeks a stay of execution from the federal courts. We rejected his request in his first habeas petition on September 15, 1994. Kinnamon v. Scott, 33 F.3d 462 (5th Cir.1994). Kinnamon filed no petition for rehearing, but, on November 30, 1994, requested recall of the mandate, or alternatively relief under Rule 60(b)(6), Fed. R.Civ.Proc. We denied that request on December 8, 1994...

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