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SOILEAU v. BLACKBURN

No. 85-4699. Summary Calendar.

789 F.2d 1209 (1986)

Nason Gene SOILEAU, Petitioner-Appellant, v. Frank BLACKBURN, Warden, Louisiana State Penitentiary, et al., Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

May 21, 1986.

Attorney(s) appearing for the Case

Nason G. Soileau pro se.

Glenn B. Foreman, Crowley, La., for respondents-appellees.

Before POLITZ, GARWOOD, and JOLLY, Circuit Judges.

POLITZ, Circuit Judge:

Nason Gene Soileau appeals the dismissal of his petition for a writ of habeas corpus, 28 U.S.C. § 2254, under Rule 9(a) of the Rules Governing § 2254 Cases.1 Finding that Soileau did not receive the requisite notice that a Rule 9(a) dismissal was being considered, we vacate the dismissal and remand.

BACKGROUND

On December 10, 1975, a jury convicted Soileau of manslaughter for killing a...

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