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COMER v. SCHRIRO

No. 98-99003.

458 F.3d 891 (2006)

Robert Charles COMER, Petitioner-Appellant, v. Dora B. SCHRIRO, Director, of Arizona Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 10, 2006.

Attorney(s) appearing for the Case

Denise I. Young, Esq., Julie S. Hall, Esq., Tucson, AZ, Michael D. Kimerer, Esq., Holly R. Gieszl, Esq., Kimerer & Derrick, PC, John Presley Todd, Office of the Attorney General, Phoenix, AZ, for Defendant-Appellee.

Peter J. Eckerstrom, Esq., Tucson, AZ, for Petitioner-Appellant.

Before HARRY PREGERSON, WARREN J. FERGUSON, and PAMELA ANN RYMER, Circuit Judges.

ORDER

Appellant Comer's pro se motions received February 3, 2006, are ordered filed and are hereby denied.

FERGUSON, Circuit Judge, with whom PREGERSON, Circuit Judge, joins, concurring:

Judge Rymer is correct in setting forth the tortured history of this case. The case creates an issue that denigrates constitutional rights, thus the delay in reaching a decision.

Comer wants to be executed. I maintain that the right to die is not synonymous...

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