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WALTON v. JOHNSON

No. CIV.A. 7:03CV00347.

306 F.Supp.2d 602 (2004)

Percy Levar WALTON, Petitioner, v. Gene JOHNSON, Director Virginia Department of Corrections, Respondent.

United States District Court, W.D. Virginia. Roanoke Division.

March 4, 2004.

Attorney(s) appearing for the Case

Jennifer L. Givens, Virginia Capital Representation Resource Center, Charlottesville, VA, for Petitioner.

Robert Q. Harris, Office of Attorney General, Richmond, VA, for Respondent.

MEMORANDUM OPINION AND ORDER TO SHOW CAUSE

WILSON, Chief Judge.

Today, after considerable factual development, this court has dismissed Percy Levar Walton's authorized successive petition for a writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 maintaining that his pending execution would be cruel and unusual punishment because he is mentally retarded and incompetent to be executed. This court denied his earlier petition asserting different grounds...

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