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IN RE GRAY

No. 16-433.

850 F.3d 139 (2017)

IN RE: William Robert GRAY, Jr., Movant.

United States Court of Appeals, Fourth Circuit.

Decided: February 28, 2017.

Attorney(s) appearing for the Case

ARGUED: Jacob Edwards , UNIVERSITY OF GEORGIA SCHOOL OF LAW, Athens, Georgia, for Movant. Peter Andrew Regulski , NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Respondent. ON BRIEF: Thomas V. Burch , Mary G. Griffin , Third-Year Law Student, David R. Waldrep, Third-Year Law Student, Appellate Litigation Clinic, UNIVERSITY OF GEORGIA SCHOOL OF LAW, Athens, Georgia, for Movant. Roy Cooper , Attorney General, NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Respondent.

Motion denied with instructions by published opinion. Chief Judge Gregory wrote the opinion, in which Judge Duncan and Judge Thacker joined.

William Robert Gray, Jr., seeks leave to file a second or successive 28 U.S.C. § 2254 petition challenging his conviction for first-degree murder. Because this petition will be Gray's first § 2254 petition to challenge the new judgment, imposed after Gray was resentenced, we find that the petition is not second or...

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