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MATHIS v. THALER

No. 08-70021.

616 F.3d 461 (2010)

Milton Wuzael MATHIS, Petitioner-Appellant, v. Rick THALER, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

August 20, 2010.

Attorney(s) appearing for the Case

Stephen Arthur Doggett (Court-Appointed), Richmond, TX, Lee Benjamin Kovarsky (argued), (Court-Appointed), Pillsbury, Winthrop, Shaw, Pittman, L.L.P., Houston, TX, for Mathis.

Laura Grant Turbin, Asst. Atty. Gen. (argued), Austin, TX, for Thaler.

Before SMITH, DeMOSS and STEWART, Circuit Judges.

CARL E. STEWART, Circuit Judge:

In April 2007, pursuant to 28 U.S.C. § 2244(b)(3), this court permitted petitioner-appellant Milton Wunzael Mathis to file a successive federal habeas application asserting a claim based upon Atkins v. Virginia, 536 U.S. 304, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002), the Supreme Court case barring the execution of mentally retarded persons. The district court dismissed Mathis's successive...

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