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IN RE LOTT

No. 04-3462.

366 F.3d 431 (2004)

In re Gregory LOTT, Movant.

United States Court of Appeals, Sixth Circuit.

April 22, 2004.

Attorney(s) appearing for the Case

David Hanson, Gregory W. Meyers, Public Defender's Office, Ohio Public Defender Commission, Columbus, OH, for Appellant.

Michael L. Collyer, Office of Attorney General of Ohio, Cleveland, Ohio, for Respondent.

Before: BOGGS, Chief Judge; MERRITT and COLE, Circuit Judges.

ORDER AUTHORIZING THE DISTRICT COURT TO CONSIDER SECOND APPLICATION FOR A BRADY, ACTUAL INNOCENCE, GATEWAY CLAIM

The petitioner, Lott, scheduled to be executed April 27, 2004, in Ohio, has applied for an Order under 28 U.S.C. § 2244(b) (pertaining to "second or successive habeas corpus" petitions), directing the district court to consider his actual innocence claim based on evidence withheld in violation of Brady v. Maryland, 373 U.S....

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