IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals Fifth Circuit FOR THE FIFTH CIRCUIT FILED _____________________ February 20, 2013

No. 13-20086 Lyle W. Cayce _____________________ Clerk

In re: CARL HENRY BLUE,

Movant ------------------------------------------------------ Consolidated with 13-70008

CARL HENRY BLUE,

Petitioner - Appellant

v.

RICK THALER, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, CORRECTIONAL INSTITUTIONS DIVISION,

Respondent - Appellee

__________________________

Appeals from the United States District Court for the Southern District of Texas, Houston 4:05-CV-2726 __________________________

Before HIGGINBOTHAM, SMITH, and HAYNES, Circuit Judges.

PER CURIAM:*

Carl Blue is scheduled for execution on Thursday, February 21, 2013.

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. The factual and procedural history of his case appear in earlier decisions of this Court. District Judge Hoyt has in a careful opinion described Mr. Blue’s most recent filing and concluded that his present effort is a successive writ requiring its transfer to this Court. We are persuaded for essentially the reasons stated by Judge Hoyt that the present request is properly denominated as a request for leave to file a successive writ, and we conclude that the requirements of

(b)(2) are not met. Accordingly, we DENY Blue’s request for a certificate of appealability and further DENY his motion for a stay of execution.