WHITEHEAD v. JOHNSON

No. 98-10422 Summary Calendar.

157 F.3d 384 (1998)

James Edward WHITEHEAD, Petitioner-Appellant, v. Gary L. JOHNSON, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

October 15, 1998.


Attorney(s) appearing for the Case

James Edward Whitehead, Huntsville, TX, pro se.

Jodi L. Brown, Austin, TX, for Respondent-Appellee.

Before JOLLY, SMITH and WIENER, Circuit Judges.


PER CURIAM:

Petitioner-Appellant James Edward Whitehead seeks a certificate of appealability (COA) to appeal the dismissal without prejudice of his 28 U.S.C. § 2254 application, as procedurally barred for failure to exhaust state remedies pursuant to 28 U.S.C. § 2254(b)(1)(A). For the reasons hereafter explained, we grant COA, vacate the procedural ruling of the district court, and remand to that court for it to consider Whitehead's habeas claim.

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