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IN RE BROWN

No. 06-50838.

457 F.3d 392 (2006)

In Re Mauriceo Mashawn BROWN, Movant.

United States Court of Appeals, Fifth Circuit.

July 19, 2006.

Attorney(s) appearing for the Case

David Kenneth Sergi, Sergi & Associates, San Marcos, TX, for Brown.

Before WIENER, BENAVIDES, and DENNIS, Circuit Judges.

BENAVIDES, Circuit Judge:

Mauriceo Brown is scheduled to be executed July 19, 2006. Through counsel, on July 18, 2006, Brown filed a motion for authorization to file a successive petition pursuant to 28 U.S.C. § 2244(b) and a motion for stay of execution. We deny leave to file the successive petition and the motion for stay of execution.

I. STANDARD TO FILE SUCCESSIVE PETITION

Pursuant to 28 U.S.C. § 2244(b)(1), "[a] claim presented in a...

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