MOBLEY v. HEAD

No. 02-14224.

306 F.3d 1096 (2002)

Stephen A. MOBLEY, Petitioner-Appellant, v. Frederick HEAD, Warden, Georgia Diagnostic and Classification Prison, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

September 18, 2002.


Attorney(s) appearing for the Case

Brian Steel, The Steel Law Firm, P.C., Atlanta, GA, for Petitioner-Appellant.

Allison Attaway Burton, State of Georgia Law Dept., Atlanta, GA, for Respondent-Appellee.

Before TJOFLAT, BARKETT and WILSON, Circuit Judges.


BARKETT, Circuit Judge:

Having determined that the Supreme Court's forthcoming decision in Abdur'Raham v. Bell, ___ U.S. ___, 122 S.Ct. 1605, 152 L.Ed.2d 620 (2002) (granting certiorari to consider whether every Rule 60(b) motion constitutes a prohibited "second or successive" habeas petition as a matter of law), will determine our resolution of the issues Mobley raises in this appeal, we hereby stay Mobley's execution pending a decision in that case or until...

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