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IN RE DAVIS

No. 97-00312.

121 F.3d 952 (1997)

In re: James Carl Lee DAVIS, Movant.

United States Court of Appeals, Fifth Circuit.

August 27, 1997.

Attorney(s) appearing for the Case

Roy E. Greenwood, Jr., Austin, TX, for Movant.

Before KING, HIGGINBOTHAM and BARKSDALE, Circuit Judges.

RHESA HAWKINS BARKSDALE, Circuit Judge:

The State of Texas has scheduled the execution of James Carl Lee Davis for 9 September 1997. Pursuant to 28 U.S.C. § 2244(b)(3), Davis seeks leave to file a successive habeas application in the district court, in order to assert a claim that, under Ford v. Wainwright, 477 U.S. 399, 409-10, 106 S.Ct. 2595, 2602, 91 L.Ed.2d 335 (1986) ("Eighth Amendment prohibits a State from carrying...

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