Richard Wade Cooey II v. Margaret Bradshaw, Warden

338 F.3d 615, 2003 U.S. App. LEXIS 15369, 2003 WL 21757327

Opinions

SECOND AMENDED ORDER

This matter is presently before the court upon petitioner’s request for initial hearing en banc of the respondent’s motion to vacate the stay of execution which was granted by the district court on July 23, 2003.

The petition for initial en banc hearing has been presented to the nonrecused active judges of the court, a majority of whom have voted in favor of en banc review. Furthermore, a majority of the non-recused active judges of the court have voted to deny the state’s motion to vacate the stay of execution. The stay of execution granted by the district court remains undisturbed. IT IS SO ORDERED.