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(ORDER LIST: 540 U.S.)

FRIDAY, JANUARY 16, 2004

CERTIORARI GRANTED

The motion of petitioner for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. The brief of petitioner is to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Wednesday, February 25, 2004. The brief of respondent is to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Friday, March 26, 2004. A reply brief, if any, is to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Monday, April 19, 2004. Rule 29.2 does not apply.

ORDER IN PENDING CASE

The application for a stay or injunction pending appeal presented to Justice Scalia and by him referred to the Court is denied.