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BENEFIEL v. DAVIS

No. 03-1968, 05-1736.

403 F.3d 825 (2005)

Bill J. BENEFIEL, Petitioner-Appellant, v. Cecil DAVIS, Superintendent, Indiana State Prison, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided March 31, 2005.

Attorney(s) appearing for the Case

Alan M. Freedman, Gary Prichard, Midwest Center for Justice, Evanston, IL, for Petitioner-Appellant.

Stephen R. Creason, Steve Carter, Office of the Attorney General, Indianapolis, IN, for Respondent-Appellee.

Before BAUER, EASTERBROOK, and EVANS, Circuit Judges.

EASTERBROOK, Circuit Judge.

Bill Benefiel, who is under sentence of death, exhausted his claims in state court, and this court held that he is not entitled to federal collateral relief. Benefiel v. Davis, 357 F.3d 655 (7th Cir.), cert. denied, ___ U.S. ___, 125 S.Ct. 481, 160 L.Ed.2d 357 (2004). Indiana has set an execution date of April 21, 2005.

Benefiel wants another round of federal collateral review. To obtain...

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