In re: Carl Blue


UNPUBLISHED OPINION ORDER FILED. [13-20086 Affirmed 13-70008 Affirmed ] Judge: PEH , Judge: JES , Judge: CH ; denying motion for certificate of appealability [7297054-2] in 13-20086; denying motion to stay execution [7297054-3] in 13-20086 [13-20086, 13-70008]

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Case: 13-20086 Document: 00512149882 Page: 1 Date Filed: 02/20/2013 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals Fifth Circuit FOR THE FIFTH CIRCUIT _____________________ FILED February 20, 2013 No. 13-20086 _____________________ Lyle W. Cayce Clerk In re: CARL HENRY BLUE, Movant -----------------------------------------------------Consolidated with 13-70008 CARL HENRY BLUE, Petitioner - Appellant v. RICK THALER, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, CORRECTIONAL INSTITUTIONS DIVISION, Respondent - Appellee __________________________ Appeals from the United States District Court for the Southern District of Texas, Houston 4:05-CV-2726 __________________________ Before HIGGINBOTHAM, SMITH, and HAYNES, Circuit Judges. PER CURIAM:* Carl Blue is scheduled for execution on Thursday, February 21, 2013. * Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. Case: 13-20086 Document: 00512149882 Page: 2 Date Filed: 02/20/2013 The factual and procedural history of his case appear in earlier decisions of this Court. District Judge Hoyt has in a careful opinion described Mr. Blue’s most recent filing and concluded that his present effort is a successive writ requiring its transfer to this Court. We are persuaded for essentially the reasons stated by Judge Hoyt that the present request is properly denominated as a request for leave to file a successive writ, and we conclude that the requirements of 28 U.S.C. § 2244(b)(2) are not met. Accordingly, we DENY Blue’s request for a certificate of appealability and further DENY his motion for a stay of execution.

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