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IN RE WILL

No. 17-20604 consolidated with No. 17-70022.

970 F.3d 536 (2020)

IN RE: Robert Gene WILL, II, Movant, Robert Gene Will, II, Petitioner-Appellant, v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

FILED August 5, 2020.

Attorney(s) appearing for the Case

Samy Kamal Khalil, Esq. , Gerger Khalil Hennessy & McFarlane, Houston, TX, Jason Charles Ewart , Karen Christine Hogan Otto , Arnold & Porter Kaye Scholer, L.L.P., Washington, DC, Chad Flores, Esq. , Beck Redden, L.L.P., Houston, TX, for Movant in 17-20604.

Samy Kamal Khalil, Esq. , Gerger Khalil Hennessy & McFarlane, Houston, TX, Jason Charles Ewart , Karen Christine Hogan Otto , Arnold & Porter Kaye Scholer, L.L.P., Washington, DC, Chad Flores, Esq. , Beck Redden, L.L.P., Houston, TX, for Petitioner-Appellant in 17-70022.

Jennifer Wren Morris , Office of the Attorney General, Financial Litigation & Charitable Trusts Division, Austin, TX, for Respondent-Appellee.

Before Owen, Chief Judge, and Willett and Ho, Circuit Judges.

Robert Gene Will filed a second-in-time habeas petition raising Brady and actual innocence claims. The district court concluded that Will's petition was successive and transferred it to this court. Will appeals the district court's transfer order and alternatively asks this court for authorization to file a successive habeas application...

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