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SCHWAB v. McDONOUGH

No. 6:07CV1798ORL22KRS.

521 F.Supp.2d 1338 (2007)

Mark Dean SCHWAB, Plaintiff, v. James R. MCDONOUGH, et al, Defendants.

United States District Court, M.D. Florida. Orlando Division.

November 14, 2007.

Attorney(s) appearing for the Case

Daphney Elaine Gaylord, Mark S. Gruber, Peter J. Cannon, Capital Collateral Regional Counsel, Tampa, FL, for Plaintiff.

Kenneth S. Nunnelley, Office of the Attorney General, Daytona Beach, FL, for Defendant.

ORDER

ANNE C. CONWAY, District Judge.

This case is before the Court on the emergency motion to stay execution (Doc. No. 2, filed November 13, 2007) filed by Mark Dean Schwab, a death-sentenced prisoner in state custody.

I. PROCEDURAL BACKGROUND

On May 14, 1991, Plaintiff was charged by indictment with one count of first-degree murder, one count of sexual battery upon a child, and one count of kidnaping a child under...

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