Allen v. Ornoski
||January 12, 2006
||US District Court for the Eastern District of California
||Frank C. Damrell
||Dale A. Drozd
|Nature of Suit:
||Death Penalty - Habeas Corpus
|Cause of Action:
||28:2254 Ptn for Writ of H/C - Stay of Execution
|Jury Demanded By:
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|January 12, 2006
MEMORANDUM and ORDER signed by Judge Frank C. Damrell Jr. on 1/12/06 re: 2 MOTION to PROCEED IN FORMA PAUPERIS filed by Clarence Ray Allen - GRANTED. 3 MOTION to APPOINT COUNSEL filed by Clarence Ray Allen - GRANTED. Petitioner's 1/12/06 app lication for a writ of habeas corpus is DENIED on the merits with respect to petitioner's claim that his age and physical infirmity render his execution a violation of the Eighth Amendment. This court lacks jurisdiction to consider petitioner 039;s other claim that his execution after his tenure on death row amounts to an Eighth Amendment violation because he has not sought permission from the Court of Appeals to file that claim here. 4 MOTION to STAY filed by Clarence Ray Allen - DENIED. CASE CLOSED. (Price, M)
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