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ALLEY v. BELL

No. 04-5596.

392 F.3d 822 (2004)

Sedley ALLEY, Petitioner-Appellee, v. Ricky BELL, Warden, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 14, 2004.

Attorney(s) appearing for the Case

ARGUED: Joseph F. Whalen III, Office of the Attorney General, Nashville, Tennessee, for Appellant. Paul R. Bottei, Federal Public Defender's Office, Nashville, Tennessee, for Appellee. ON BRIEF: Joseph F. Whalen III, Office of the Attorney General, Nashville, Tennessee, for Appellant. Paul R. Bottei, Federal Public Defender's Office, Nashville, Tennessee, for Appellee.

Before: BOGGS, Chief Judge; and RYAN and BATCHELDER, Circuit Judges.

OPINION

BOGGS, Chief Judge.

Sedley Alley, a Tennessee prisoner under sentence of death, filed an unsuccessful petition for a federal writ of habeas corpus. Alley v. Bell, 307 F.3d 380 (6th Cir.2002), cert. denied, 540 U.S. 839, 124 S.Ct. 99, 157 L.Ed.2d 72 (2003); ___ U.S. ___, 124 S.Ct. 1721, 158 L.Ed.2d 406 (2004). His execution was scheduled for June 3, 2004. Mr. Alley then filed an amended motion with the...

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