Petitioner John Glenn Roe filed joint motions with Lewis Williams, Jr. to stay and abey proceedings and for preliminary injunctive relief for stay of execution. Because these are habeas proceedings, we address each of the petitioners' motions separately. We hereby adopt in this case the reasoning and the result of the majority opinion authored by Judge Kennedy and concurred in by Judge Suhrheinrich in the matter of In re: Lewis Williams, Jr., issued on January 12, 2004. We further adopt the concurring opinion of Judge Suhrheinrich in the Williams matter.
Thus, for the reasons stated in the those opinions, Petitioner John Glenn Roe's requests for a stay and abeyance and for preliminary injunctive relief are DENIED.
CLAY, Circuit Judge, dissenting.
I hereby dissent from the order and opinion of the majority in the instant case for the reasons expressed by Judge Moore's dissent in In re Lewis Williams, Jr., No. 04-3014.