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FABIAN v. REED

No. 82-4369 Summary Calendar.

714 F.2d 39 (1983)

Bobby Joe FABIAN, Petitioner-Appellant, v. Jack REED, Superintendent of Mississippi State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

September 9, 1983.

Attorney(s) appearing for the Case

Valerie Fontaine, Kenner, La., Catherine Leary, New Orleans, La., for petitioner-appellant.

William S. Boyd, III, Sp. Asst. Atty. Gen., Jackson, Miss., for respondent-appellee.

Before REAVLEY, RANDALL and WILLIAMS, Circuit Judges.

PER CURIAM:

This is the second time this state prisoner's habeas corpus case has come before this court. In Fabian v. Reed (Fabian I), 707 F.2d 147 (5th Cir.1983), we remanded the case to the district court for it to determine whether a certificate of probable cause should be granted. We stated then that "[i]f the district court ha[d] not granted the certificate by August 1, 1983, we ... [would] then treat the petitioner's...

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