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STEWART v. ESTELLE

No. 80-1534 Summary Calendar.

634 F.2d 998 (1981)

Jack Allen STEWART, Petitioner-Appellant, v. W. J. ESTELLE, Jr., Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit. Unit A

January 23, 1981.

Attorney(s) appearing for the Case

Tom Mills, Dallas, Tex., for petitioner-appellant.

Nancy M. Simonson, Asst. Atty. Gen., Austin, Tex., for respondent-appellee.

Before GEE, RUBIN and RANDALL, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge:

For differing basic reasons, the petitioner in this habeas corpus case, the State of Texas and the federal magistrate all have failed to comply with the relatively simple requirements of Galtieri v. Wainwright, 582 F.2d 348 (5th Cir.1978) (en banc), and Blackledge v. Allison, 431 U.S. 63, 97 S.Ct. 1621, 52 L.Ed.2d 136 (1977). The failure of

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