BUCHANAN v. GILMORE

No. 98-6380.

139 F.3d 982 (1998)

Douglas McArthur BUCHANAN, Jr., Plaintiff-Appellee, v. James S. GILMORE, III, Governor, Commonwealth of Virginia, in his individual and official capacities; Ronald J. Angelone, Director, Virginia Department of Corrections, in his individual and official capacities, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided March 18, 1998.


Attorney(s) appearing for the Case

Katherine P. Baldwin, Office of the Attorney General, Richmond, VA, for Appellants. Gerald Thomas Zerkin, Gerald T. Zerkin & Associates, Richmond, VA, for Appellee.

Before ERVIN, Circuit Judge, and BUTZNER and HALL, Senior Circuit Judges.


Vacated and reversed by published per curiam opinion.

OPINION

PER CURIAM:

Douglas McArthur Buchanan, Jr., is currently incarcerated under sentence of death in the Commonwealth of Virginia. After the Supreme Court denied Buchanan relief, Buchanan v. Angelone, ___ U.S. ___, 118 S.Ct. 757, 139 L.Ed.2d 702 (1998) (No. 96-8400), his execution was scheduled for March 18, 1998. On March 13, 1998, Buchanan filed a petition in the United States District...

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