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HAMILTON v. McCOTTER

No. 84-1319.

772 F.2d 171 (1985)

Steven D. HAMILTON, Petitioner-Appellant, v. O.L. McCOTTER, Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied November 15, 1985.

Attorney(s) appearing for the Case

Rolf G. Asphaug, Houston, Tex. (Court Appointed), for petitioner-appellant.

Jim Mattox, Atty. Gen., Laurie A. Booras, Austin, Tex., for respondent-appellee.

Before CLARK, Chief Judge, GARWOOD and JOLLY, Circuit Judges.

Rehearing and Rehearing En Banc Denied November 15, 1985.

GARWOOD, Circuit Judge:

This appeal is from a dismissal for abuse of the writ of a Texas prisoner's successive petition for habeas relief under 28 U.S.C. § 2254. The district court determined that all appellant's asserted grounds for relief in this his third federal petition had either been raised and disposed of in a previous section 2254 proceeding, or that they should have been previously raised...

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