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IN RE BOWLING

Nos. 04-6194, 04-6378.

422 F.3d 434 (2005)

In re: Thomas Clyde BOWLING, Jr., Movant (04-6194). Thomas Clyde Bowling, Jr., Petitioner-Appellant (04-6378), v. Glenn Haeberline, Warden, Kentucky State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Filed September 7, 2005.

Attorney(s) appearing for the Case

Susan J. Balliet, David M. Barron, Kentucky Department of Public Advocacy, Division of Protection and Advocacy, Frankfort, KY, for Movant.

Before: MOORE, GILMAN, and GIBBONS, Circuit Judges.

GIBBONS, Circuit Judge.

Thomas Clyde Bowling, Jr., a Kentucky death row inmate represented by counsel, applied for leave to file a second or successive petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2244. He asserts that he is mentally retarded and therefore ineligible for the death penalty under Atkins v. Virginia, 536 U.S. 304, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002). Bowling also appeals from a federal district...

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