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COOEY v. BRADSHAW

No. 03-4001.

338 F.3d 615 (2003)

Richard Wade COOEY II, Petitioner-Appellee, v. Margaret BRADSHAW, Warden, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Filed: July 31, 2003.

Attorney(s) appearing for the Case

Kelly L. Culshaw, Gregory W. Meyers, Public Defender's Office, Columbus, OH, for Petitioner-Appellee.

Michael L. Collyer, Office of the Attorney General of Ohio, Cleveland, OH, Timothy D. Prichard, Columbus, OH, for Respondent-Appellant.

Before: MARTIN, Chief Circuit Judge; BOGGS, DAUGHTREY, MOORE, COLE, CLAY, GILMAN, GIBBONS, and ROGERS, Circuit Judges.

Pursuant to Sixth Circuit Rule 206

SECOND AMENDED ORDER

This matter is presently before the court upon petitioner's request for initial hearing en banc of the respondent's motion to vacate the stay of execution which was granted by the district court on July 23, 2003.

The petition for initial en banc hearing has been presented to the nonrecused active judges of the court, a majority of whom have voted in favor of en banc review. Furthermore...

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