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HALEY v. ESTELLE

No. 80-1052 Summary Calendar.

632 F.2d 1273 (1980)

Alvon O'Neal HALEY, Petitioner-Appellant, v. W. J. ESTELLE, Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit. Unit A

Rehearing and Rehearing Denied January 23, 1981.

Attorney(s) appearing for the Case

Alvon O'Neal Haley pro se.

Mark White, Atty. Gen., Bill Willis, Asst. Atty. Gen., Austin, Tex., for respondent-appellee.

Before AINSWORTH, GARZA and SAM D. JOHNSON, Circuit Judges.

Rehearing and Rehearing En Banc Denied January 23, 1981.

AINSWORTH, Circuit Judge:

Alvon O'Neal Haley appeals the dismissal of his second federal habeas corpus petition. The court below dismissed the petition on the authority of Rule 9(b) of the Rules Governing Section 2254 Cases in the United States District Courts, finding that Haley had abused the writ of habeas corpus. We hold that the district court erred in making that determination. Accordingly, we...

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