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IN RE FOWLKES

No. 02-140.

326 F.3d 542 (2003)

In Re: Larry Donnell FOWLKES, Movant. Innocence Project of the National Capital Region, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided: April 18, 2003.

Attorney(s) appearing for the Case

ARGUED: Jennifer M. Rubin, Sidley, Austin, Brown & Wood, L.L.P., Washington, D.C., for Movant. Hazel Elizabeth Shaffer, Assistant Attorney General, Office of the Attorney General, Richmond, Virginia, for Respondent. ON BRIEF: Kim L. Simmons, Kevin M. Henry, Sidley, Austin, Brown & Wood, L.L.P., Washington, D.C.; Julia E. Sullivan, Crownsville, Maryland, for Movant. Jerry W. Kilgore, Attorney General of Virginia, Office of the Attorney General, Richmond, Virginia, for Respondent. Barry J. Pollack, James P. Ellison, Nixon Peabody, L.L.P., Washington, D.C., for Amicus Curiae.

Before LUTTIG, WILLIAMS, and GREGORY, Circuit Judges.

Authorization denied by published opinion. Judge LUTTIG wrote the opinion, in which Judge WILLIAMS joined. Judge GREGORY wrote an opinion concurring in the judgement.

OPINION

LUTTIG, Circuit Judge:

In this motion filed pursuant to 28 U.S.C. § 2244, Larry Donnell Fowlkes seeks authorization to file a successive habeas corpus petition pursuant to 28 U.S.C. § 2254. In his proposed successive petition, Fowlkes seeks to raise an ineffective...

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