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IN RE KUNKLE

No. 04-41557.

398 F.3d 683 (2005)

In re Troy KUNKLE, Movant.

United States Court of Appeals, Fifth Circuit.

January 20, 2005.

Attorney(s) appearing for the Case

Robert Lee McGlasson, II, Decatur, GA, Danalynn Recer, The Gulf Region Advocacy Center, Houston, TX, for Movant.

Before HIGGINBOTHAM, DAVIS and JONES, Circuit Judges.

PER CURIAM:

Kunkle, who is scheduled for execution on January 25, 2005, filed this motion for authority to file a successive habeas and for a stay of execution. We DENY the motion and DENY the stay request.

I.

Kunkle seeks permission to file a successive habeas under the authority of 28 U.S.C. § 2244(b)(2), which states in part that "[a] claim presented in a second or successive habeas corpus application under section 2254 that was not presented...

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