Clarence Ray Allen v. Steven W. Ornoski, Warden, of the California State Prison at San Quentin Attorney General of the State of California
Court of Appeals for the Ninth Circuit
1Opinion of the Court
WARDLAW, Circuit Judge.
Clarence Ray Allen appeals from the district court’s order denying and dismissing in part his second petition for writ of habeas corpus and denying his requests for a stay of execution and for the issuance of a certificate of appealability on his Eighth Amendment claim based upon age and physical infirmity. He seeks a certificate of appealability and consideration on the merits of his age and physical infirmity claim, which, he argues, encompasses his Lackey claim, based on his long tenure on death row under “horrific conditions.” See Lackey v. Texas, 514 U.S. 1045, 115…
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