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534 U. S. ____ (2001)

on application for stay

Respondent, John W. Byrd, Jr., is an Ohio death-row inmate who has exhausted his state court remedies and who was denied relief in his first federal habeas corpus proceeding. His application to file a second petition for a federal writ, which is supported by his allegations of actual innocence, has been denied by the District Court and a panel of the Court of Appeals of the Sixth Circuit. However, on October 9, 2001, a majority of the active judges of the Court of Appeals entered an order remanding the case to the District Court “for the development of a factual record sufficient to permit sua sponte consideration of a request for leave to file a second petition for a writ of habeas corpus.” The order cites cases decided by the Second and Eighth Circuits, Triestman v. United States, 124 F. 3d 361, 367 (CA2 1997); Krimmel v. Hopkins, 56 F. 3d 873, 874 (CA8 1995), as “the jurisdictional basis for a rehearing sua sponte.”

 
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