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IN RE McDONALD

No. 06-4120.

514 F.3d 539 (2008)

In re Dewitt McDONALD, Jr., Movant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 10, 2008.

Attorney(s) appearing for the Case

ARGUED: Robert T. Smith, Jones Day, New York, New York, for Petitioner. Jerri L. Fosnaught, Office of the Attorney General, Columbus, Ohio, for Respondent.

Before SILER, GIBBONS, and McKEAGUE, Circuit Judges.

OPINION

JULIA SMITH GIBBONS, Circuit Judge.

Petitioner Dewitt McDonald Jr. moves this court to grant him permission to file a second or successive habeas corpus petition pursuant to 28 U.S.C. § 2244(b)(3). For the following reasons, we authorize McDonald to file a second habeas corpus petition with the district court.

I.

On June 27, 1995, the Common Pleas Court of Erie County...

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