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HUTCHERSON v. RILEY

No. 06-15510 Non-Argument Calendar.

468 F.3d 750 (2006)

Larry HUTCHERSON, Plaintiff-Appellant, v. Bob RILEY, Troy King, Drayton Nabors, Seth Hammett, Lucy Baxley, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

October 24, 2006.

Attorney(s) appearing for the Case

Vader Aldridge Pennington, Mobile, AL, for Hutcherson.

James Roy Houts, Montgomery, AL, for Defendants-Appellees.

Before BIRCH, DUBINA and WILSON, Circuit Judges.

DUBINA, Circuit Judge:

Before the court for review is Larry Eugene Hutcherson's ("Hutcherson") appeal from the district court's dismissal of his 42 U.S.C. § 1983 action, and a Motion to Stay his Execution pending appeal (Appeal No. 06-15510). Hutcherson filed his § 1983 complaint in district court 14 days prior to his scheduled execution date of October 26, 2006. On October 19, 2006, Hutcherson filed an Application for Leave to File a Successive Habeas Petition...

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