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MIDDLETON v. ROPER

No. 14-2667.

759 F.3d 833 (2014)

John C. MIDDLETON, Petitioner-Appellee, v. Don ROPER, Respondent-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: July 15, 2014.

Attorney(s) appearing for the Case

John C. Middleton, Mineral Point, MO, pro se.

Kathryn Parish , Richard H. Sindel , Sindel & Sindel, Clayton, MO, Joseph J. Perkovich , New York, NY, for Petitioner-Appellee.

Stephen David Hawke , Assistant Attorney General, Michael Joseph Spillane , Assistant Attorney General, Attorney General's Office, Jefferson City, MO, for Respondent-Appellant.

Before WOLLMAN, LOKEN, and COLLOTON, Circuit Judges.

[Published]

PER CURIAM.

Donald Roper, in his official capacity as superintendent of the Potosi Correctional Center in the State of Missouri, moves to vacate the district court's order staying the execution of John C. Middleton scheduled for 12:01 a.m. on July 16, 2014.

On July 14, Middleton filed in the district court a "second-in-time federal habeas corpus petition and supplemental petition to first habeas corpus application," in which he raised...

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