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THOMAS v. ESTELLE

No. 78-1337 Summary Calendar.

588 F.2d 170 (1979)

Walter THOMAS, Jr., Petitioner-Appellant, v. W. J. ESTELLE, Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

January 22, 1979.

Attorney(s) appearing for the Case

Walter Thomas, Jr., pro se, Richard E. Wetzel, Staff Counsel for Inmates, Texas Dept. of Corrections, Rosharon, Tex., for petitioner-appellant.

John L. Hill, Atty. Gen., Joe Dibrell, Douglas M. Becker, David M. Kendall, Asst. Attys. Gen., Austin, Tex., for respondent-appellee.

Before BROWN, Chief Judge, COLEMAN and VANCE, Circuit Judges.

PER CURIAM:

Appellant Walter Thomas filed an application for a writ of habeas corpus under 28 U.S.C.A. § 2254. Upon the recommendation of the United States magistrate the District Court denied the application, and Thomas appeals. We affirm in part and remand in part.

Appellant was arrested on a charge of robbery by assault. Soon thereafter, an attorney was appointed to represent him. This attorney, however, withdrew from the case, because appellant had...

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