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IN RE EDWARDS

No. 17-10066 CONSOLIDATED WITH 17-70003.

865 F.3d 197 (2017)

IN RE: Terry Darnell EDWARDS, Movant, Terry Darnell Edwards, Petitioner-Appellant, v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Filed January 25, 2017.

Attorney(s) appearing for the Case

Carl David Medders, Esq. , Burleson, Pate & Gibson, L.L.P., Dallas, TX, for Movant.

Before ELROD, HIGGINSON, and COSTA, Circuit Judges.

Terry D. Edwards, a Texas state prisoner on death row who is scheduled for execution on January 26, 2017, filed a Rule 60(b) motion and requests for stays of execution in federal district court. The district court concluded that Edwards's Rule 60(b)(6) motion constituted a second-or-successive habeas petition because it sought to advance new...

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