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HAUSER EX REL. CRAWFORD v. MOORE

No. 00-90028.

223 F.3d 1316 (2000)

Dan Patrick HAUSER, by his next friends Zainna Fawnn CRAWFORD, and Gregory C. Smith, Petitioner-Appellant, v. Michael W. MOORE, Secretary Florida Department of Corrections, James Crosby, Warden, Florida State Prison, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

August 24, 2000.

Attorney(s) appearing for the Case

Timothy P. Schardl, Heidi E. Brewer, Capital Collateral Representative, Linda McDermott, Office of the Capital Collateral Counsel, Tallahassee, FL, for Petitioner-Appellant.

Stephen Richard White, Dept. of Legal Affairs, Tallahassee, FL, for Respondents-Appellees.

Before DUBINA, BLACK and CARNES, Circuit Judges.

PER CURIAM:

Dan Patrick Hauser is a Florida death row inmate. Hauser's execution was scheduled for 6:00 p.m., August 22, 2000; however, at 2:05 p.m. that same day, the district court granted a stay of execution. The state has filed with this court a Notice of Appeal and Motion to Vacate Stay of Execution and, alternatively, Motion to Dismiss any appeal by Capital Collateral Regional Counsel ("CCRC") and Crawford. Hauser has also personally filed a Motion to Vacate...

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