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RABY v. DAVIS

No. 18-70018.

907 F.3d 880 (2018)

Charles D. RABY, Petitioner-Appellant, v. Lorie DAVIS, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

FILED October 31, 2018.

Attorney(s) appearing for the Case

Tracey Maria Robertson, Esq. , Kevin Dane Mohr , King & Spalding, L.L.P., Sarah Mary Frazier , Berg & Androphy, Houston, TX, for Petitioner-Appellant.

Jefferson David Clendenin , Fredericka Searle Sargent , Assistant Attorney Generals, Office of the Attorney General, Financial Litigation & Charitable Trusts Division, Austin, TX, for Respondent-Appellee.

Before SMITH, CLEMENT, and DUNCAN, Circuit Judges.

Charles Raby, a death row inmate, seeks a certificate of appealability ("COA") to challenge the denial of his Federal Rule of Civil Procedure 60(b)(6) motion. Finding no extraordinary circumstances warranting Rule 60(b)(6) relief, we decline the request.

I.

In 1994, Raby was convicted and sentenced...

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