In re: Carl Blue

Filing

UNPUBLISHED OPINION ORDER FILED.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]

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 R. 47.5, the court has determined that this opinion should not be published and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.