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CASTILLO v. JOHNSON

No. 98-40146.

141 F.3d 218 (1998)

David Allen CASTILLO, Petitioner-Appellant, v. Gary L. JOHNSON, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

May 11, 1998.

Attorney(s) appearing for the Case

Jeffrey J. Pokorak, St. Mary's University School of Law, San Antonio, TX, for Petitioner-Appellant.

Gena A. Blount, Asst. Atty. Gen., Austin, TX, for Respondent-Appellee.

Before JONES, SMITH and STEWART, Circuit Judges.

STEWART, Circuit Judge:

On March 2, 1998, three days prior to his scheduled execution date, David Allen Castillo filed in this court three applications for stay of execution and a motion for appointment of substitute counsel. On March 3, 1998, Castillo filed a motion for stay of execution and application for certificate of probable cause to appeal the denial of his federal habeas corpus petition by the district court. Following a telephone conference with counsel...

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