¶1Before: ALARCON, BRUNETTI,' and NOONAN, Circuit Judges.
¶2The emergency application for the issuance of certificate of probable cause and a stay of execution is denied.
¶3Robert Alton Harris has failed to show cause and prejudice for abuse of the writ by the filing of successive petitions in violation of Rule 9(b) 28 U.S.C. foil. § 2254, Rule 9(b) and McCleskey v. Zant, 499 U.S. -, 111 S.Ct. 1454, 113 L.Ed.2d 517 (1991).