BY THE COURT:
On December 30, 2008, this Court granted Appellees' motion to stay this appeal pending the Supreme Court's disposition of Jimenez v. Quarterman, S.Ct. Docket No. 07-6984.
On January 13, 2009, the Supreme Court issued its decision in Jimenez. See Jimenez v. Quarterman, ___ U.S. ___,
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