FLORES v. PROCUNIER

No. 83-1336.

745 F.2d 338 (1984)

Jesus Hernandez FLORES, Petitioner-Appellant, v. Raymond K. PROCUNIER, Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

November 1, 1984.


Attorney(s) appearing for the Case

Lucien B. Campbell, Federal Public Defender, P. Joseph Brake, Asst. Federal Public Defender, San Antonio, Tex., for petitioner-appellant.

Jim Mattox, Atty. Gen., James O. Kopp, Asst. Atty. Gen., Austin, Tex., for respondent-appellee.

Before RUBIN, RANDALL and TATE, Circuit Judges.


ALVIN B. RUBIN, Circuit Judge:

The issue presented is whether, after a district judge has once denied a certificate of probable cause in a habeas case and this court has also denied such a certificate, the district court has the authority, after the time within which motions to reconsider might be filed, to entertain a motion for and to grant the certificate. We hold that he lacks jurisdiction and dismiss the appeal.

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