Black v. Bell


OPINION and JUDGMENT filed: AFFIRMED in part, VACATED in part, case is REMANDED, decision for publication pursuant to local rule 206. Boyce F. Martin, Jr., Danny J. Boggs (DISSENTING), Ronald Lee Gilman (AUTHORING), Circuit Judges. [02-5032, 08-5644]

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Case: 02-5032 Document: 006111157125 Filed: 12/15/2011 Page: 1 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT Nos. 02-5032; 08-5644 FILED Dec 15, 2011 BYRON LEWIS BLACK, Petitioner - Appellant, LEONARD GREEN, Clerk v. RICKY BELL, Warden, Respondent - Appellee. Before: MARTIN, BOGGS, and GILMAN, Circuit Judges. JUDGMENT On Appeal from the United States District Court for the Middle District of Tennessee at Nashville. THIS CAUSE was heard on the record from the district court and was argued by counsel. IN CONSIDERATION WHEREOF, it is ORDERED that the district court’s denial of petitioner Byron Lewis Black’s habeas petition regarding his non-Atkins claims is AFFIRMED, the district court’s judgment regarding the denial of Black’s petition concerning his Atkins claim is VACATED, and the case is REMANDED for further proceedings consistent with the opinion of this court. ENTERED BY ORDER OF THE COURT Leonard Green, Clerk

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