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URDY v. McCOTTER

No. 85-2213 Summary Calendar.

773 F.2d 652 (1985)

Hugh Delano URDY, Petitioner-Appellant, v. O.L. McCOTTER, Director, Texas Department Of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

October 15, 1985.

Attorney(s) appearing for the Case

Hugh D. Urdy, pro se.

Jim Mattox, Atty. Gen., and Charles A. Palmer, Asst. Atty. Gen., Austin, Tex., for respondent-appellee.

Before RUBIN, JOHNSON, and JONES, Circuit Judges.

JOHNSON, Circuit Judge:

Petitioner, Hugh Delano Urdy, appeals from the federal district court's dismissal with prejudice of his habeas corpus petition, 28 U.S.C. § 2254, on the basis of abuse of the writ under Rule 9(b) of the Rules Governing 28 U.S.C. § 2254 claims. For the reasons stated below, the judgment of the district court is vacated, and the case is remanded for further proceedings consistent with this...

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