OPINION AND ORDER
GREGORY L. FROST, District Judge.
This matter is before the Court upon remand for consideration of whether the Court should continue a previously granted stay of execution to intervening plaintiff Kenneth Biros in light of Baze v. Rees, ___ U.S. ___, 128 S.Ct. 1520, 170 L.Ed.2d 420 (2008). For the reasons that follow, this Court finds that Biros is not entitled to a continued stay and
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