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ALLEY v. BELL

No. 04-5596.

405 F.3d 371 (2005)

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

United States Court of Appeals, Sixth Circuit.

April 11, 2005.

Attorney(s) appearing for the Case

Paul R. Bottei, Asst. Federal Public Defender, Federal Public Defender's Office, Nashville, TN, for Petitioner-Appellee.

Joseph F. Whalen, III, Asst. Atty. General, Office of the Attorney General, Nashville, TN, for Respondent-Appellant.

Before: BOGGS, Chief Judge; MARTIN, RYAN, BATCHELDER, DAUGHTREY, MOORE, COLE, CLAY, GILMAN, ROGERS, SUTTON, and COOK, Circuit Judges.

ORDER

On November 2, 2003, the district court issued an order staying Alley's execution and holding in abeyance any proceedings on his purported Rule 60(b) motion until this court decided In re Abdur'Rahman. This ruling was appealed to our court, and oral argument was held on June 16, 2004. On December 13, 2004, this court issued its opinion in Abdur'Rahman, 392 F.3d 174 (6th Cir.2004) (en banc), but the district court...

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