Robert Wayne Williams v. John T. King, Secretary of the Department of Corrections, and Ross Maggio, Jr., Warden, Louisiana State Penitentiary , 719 F.2d 729 ( 1983 )

719 F.2d 729

Robert Wayne WILLIAMS, Petitioner-Appellant,
v.
John T. KING, Secretary of the Department of Corrections,
and Ross Maggio, Jr., Warden, Louisiana State
Penitentiary, Respondents-Appellees.

No. 83-3647.

United States Court of Appeals,
Fifth Circuit.

Oct. 23, 1983.

Samuel S. Dalton, Jefferson, La., for petitioner-appellant.

Kay Fitzpatrick, Asst. Atty. Gen., Baton Rouge, La., for respondents-appellees.

Appeal from the United States District Court for the Middle District of Louisiana.

Before BROWN, REAVLEY and HIGGINBOTHAM, Circuit Judges.

BY THE COURT:

1

For the reasons stated in the accompanying order, the Court orders:

2

1. Motion for IFP is GRANTED.

3

2. Motion for oral argument is DENIED.

4

3. Certificate of Probable Cause is GRANTED.

5

4. The execution now fixed for October 25, 1983, between midnight and three a.m. is STAYED.

6

5. The Judgment of the District Court is AFFIRMED.

7

6. Issuance of the Mandate is stayed pending final action of the Supreme Court.