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MALONE v. VASQUEZ

No. 99-1085.

167 F.3d 1186 (1999)

Kelvin Shelby MALONE, Petitioner-Appellant, v. Daniel VASQUEZ, Warden, San Quentin State Prison; Jeremiah W. (Jay) Nixon, Attorney General, State of Missouri, Respondents-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed January 13, 1999.

MURPHY, Circuit Judge.

Kelvin Malone's initial application for federal habeas relief in Missouri was denied by the district court on January 17, 1996, and that denial was affirmed by this court. Malone v. Vasquez, 138 F.3d 711 (8th Cir.1998), reh'g and reh'g en banc denied, (May 11, 1998) and cert. denied, ___ U.S. ___, 119 S.Ct. 384, 142 L.Ed.2d 317 (1998). On January 8, 1999, Malone filed Petitioner's Motion to Reopen and Emergency Motion for...

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