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GILREATH v. STATE BD. OF PARDONS

No. 01-16409.

273 F.3d 932 (2001)

Fred Marion GILREATH, Plaintiff-Appellant, v. The STATE BOARD OF PARDONS AND PAROLES, Walter Ray, Chair, State of Georgia Board of Pardons and Paroles, Bobby K. Whitworth, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

November 15, 2001.

Attorney(s) appearing for the Case

Thomas KeKee West, Thomas H. Dunn, Georgia Resource Center, Atlanta, GA, for Plaintiff-Appellant.

Paula Khristian Smith, GA Department of Law, Atlanta, GA, for Defendants-Appellees.

Before TJOFLAT, EDMONDSON and BLACK, Circuit Judges.

BY THE COURT:

This appeal is in a death penalty case in which the execution time is imminent. The case is before us on a motion for a stay of execution pending appeal. We earlier granted a stay until 3 o'clock in the afternoon on Thursday 15 November 2001. We will not dissolve that stay but decline a further stay.

This case arises from a claim that Appellant's state clemency application was denied without the due process required by the Federal Constitution...

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