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IN RE DAVIS

No. 08-16009.

565 F.3d 810 (2009)

In re: Troy Anthony DAVIS, Petitioner.

United States Court of Appeals, Eleventh Circuit.

April 16, 2009.

Attorney(s) appearing for the Case

Thomas H. Dunn (Court-Appointed), GA Resource Ctr., Atlanta, GA, Jason C. Ewart, Danielle Garten, Arnold & Porter, LLP, Washington, DC, for Davis.

Susan V. Boleyn, State Law Dept., Atlanta, GA, for Appellee.

Stephen L. Ascher, Jenner & Block, LLP, New York City, Kathleen A. Behan, Washington, DC, for Amici Curiae.

Before DUBINA, BARKETT and MARCUS, Circuit Judges.

PER CURIAM:

On October 22, 2008, Troy Anthony Davis ("Davis"), a Georgia death row inmate, filed an application with this Court seeking authorization to file a second or successive 28 U.S.C. § 2254 federal habeas petition, raising for the first time a freestanding actual innocence claim. Davis had previously filed a federal habeas petition in the United States District Court for the Southern District of Georgia in 2001, alleging, among other things, violations...

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