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McGUIRE v. WARDEN, CHILLICOTHE CORRECTIONAL INST.

No. 13-3368.

738 F.3d 741 (2013)

Dennis B. McGUIRE, Petitioner-Appellant, v. WARDEN, CHILLICOTHE CORRECTIONAL INSTITUTION, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 30, 2013.

Attorney(s) appearing for the Case

ARGUED: Allen L. Bohnert , Federal Public Defender's Office, Columbus, Ohio, for Appellant. Seth P. Kestner , Office of the Ohio Attorney General, Columbus, Ohio, for Appellee. ON BRIEF: Gary W. Crim , Dayton, Ohio, Robert K. Lowe , Kelle Hinderer Andrews , Office of the Ohio Public Defender, Columbus, Ohio, for Appellant. Seth P. Kestner , Office of the Ohio Attorney General, Columbus, Ohio, for Appellee.

Before: SILER, ROGERS, and SUTTON, Circuit Judges.

OPINION

ROGERS, Circuit Judge.

Dennis B. McGuire, an Ohio death row inmate represented by counsel, appeals from a federal district court order denying his motion for relief from judgment filed pursuant to Federal Rule of Civil Procedure 60(b). In March 2008, the district court denied McGuire's original petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. This court affirmed the district court's denial, see McGuire v. Ohio,

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