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FABIAN v. REED

No. 82-4369.

707 F.2d 147 (1983)

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

United States Court of Appeals, Fifth Circuit.

May 31, 1983.

Attorney(s) appearing for the Case

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

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

Before GEE, RANDALL and TATE, Circuit Judges.

PER CURIAM:

This is an appeal by a prisoner in state custody, Bobby Joe Fabian, from a dismissal of his petition for federal habeas corpus relief. Since the petitioner has not obtained a certificate of probable cause, the case is remanded to enable the district court to determine whether a certificate should be granted.

After exhausting his state remedies, Fabian filed a pro se petition for habeas relief in the federal district court on November 18, 1981,...

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