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ESCOBEDO v. ESTELLE

No. 80-1500. Summary Calendar.

650 F.2d 70 (1981)

Ronnie ESCOBEDO, Petitioner-Appellant, v. W. J. ESTELLE, Jr., Respondent-Appellee.

United States Court of Appeals, Fifth Circuit. Unit A

Rehearing Granted September 8, 1981.

Attorney(s) appearing for the Case

Ronnie Escobedo, pro se.

Mark White, Atty. Gen., Gilbert J. Pena, Asst. Atty. Gen., Austin, Tex., for respondent-appellee.

Before GEE, RUBIN and RANDALL, Circuit Judges.

Rehearing Granted September 8, 1981. See 655 F.2d 613.

RANDALL, Circuit Judge:

The court below dismissed without prejudice Petitioner-Appellant Ronnie Escobedo's petition for habeas corpus, brought under 28 U.S.C. § 2254 (1976), for failure to exhaust state remedies. For the reasons set forth below, we reverse and remand.

I. FACTUAL BACKGROUND LEADING TO THIS APPEAL<...

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