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RUIZ v. DAVIS

No. 17-70006.

850 F.3d 225 (2017)

Rolando RUIZ, Petitioner-Appellant v. Lorie DAVIS, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

FILED March 5, 2017.

Attorney(s) appearing for the Case

Lee Benjamin Kovarsky, Esq. , University of Maryland Law School, Baltimore, MD, Burke Morley Butler , Texas Defender Service, Houston, TX, for Petitioner-Appellant.

George A. d'Hemecourt , Assistant Attorney General, Office of the Attorney General for the State of Texas, Austin, TX, for Respondent-Appellee.

Before HIGGINBOTHAM, DENNIS, and ELROD, Circuit Judges.

Rolando Ruiz murdered Theresa Rodriguez in 1992; he has been sentenced to death by lethal injection, and his execution is now set for March 7, 2017. At this late hour, Ruiz seeks a certificate of appealability to allow review of the rejection by the United States District Court of his most recent federal petition...

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