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Mike BROWN, Acting Warden, Applicant, v. Ervine DAVENPORT.

Application to recall and stay mandate, presented to Justice Kavanaugh and by him referred to the Court, is granted, and the mandate of the United States Court of Appeals for the Sixth Circuit in case No. 17–2267 is recalled and stayed pending the disposition of the petition for writ of certiorari. Should the petition for writ of certiorari be denied, this stay shall terminate automatically. In the event the petition for writ of certiorari is granted, the stay shall terminate upon the sending down of the judgment of this Court. Justice Sotomayor would deny the application.

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Brown v. Davenport
(Feb 1, 2021)