TAMAYO v. STEPHENS

No. 14-70002.

740 F.3d 986 (2014)

Edgar Arias TAMAYO, Petitioner-Appellant v. William STEPHENS, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

January 22, 2014.


Attorney(s) appearing for the Case

Maurie Levin , [COR LD NTC Pro Bono], Philadelphia, PA, Robin Norris, [COR NTC CJA Appointment], El Paso, TX, for Petitioner-Appellant.

Thomas Merrill Jones , [NTC Government], Office of the Attorney General, Postconviction Litigation Division, William P. Clements , Austin, TX, Edward Larry Marshall , [NTC Government], Office of the Attorney General, Postconviction Litigation Division, Respondent-Appellee.

Before HIGGINBOTHAM, SMITH, and HAYNES, Circuit Judges.


PER CURIAM:

Edgar Arias Tamayo ("Tamayo") is scheduled to be executed by the State of Texas on January 22, 2014. Among other proceedings filed in the last week, Tamayo moved the district court that issued his original federal habeas decision, see Tamayo v. Thaler, No. 4:03-cv-03809 (S.D.Tex. Mar. 25, 2011), for relief under Rule 60(b). The district court denied relief, but granted a certificate of appealability ("COA") authorizing him to appeal the district...

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