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IN RE BYRD

No. 01-3927.

269 F.3d 578 (2001)

In re John W. BYRD, Jr., Movant.

United States Court of Appeals, Sixth Circuit.

Refiled: September 12, 2001.

Refiled: September 14, 2001.

Pursuant to Sixth Circuit Rule 206

ORDER

A member of the court has requested that the en banc court determine whether to vacate the stay of execution included in its September 10, 2001 decision on the movant's request for a determination that 28 U.S.C. § 2244(b) does not apply to him, and his request for a stay of execution while he pursues a second federal habeas petition.

The request for an en banc determination has been referred to all of...

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