BOOKER v. LYNAUGH

No. 88-2380.

872 F.2d 100 (1989)

Malcolm T. BOOKER, Petitioner-Appellant, v. James A. LYNAUGH, Etc., Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

April 14, 1989.


Attorney(s) appearing for the Case

Malcolm T. Booker, Huntsville, Tex., pro se.

S. Michael Bozarth, Asst. Atty. Gen., Jim Mattox, Atty. Gen., Austin, Tex., for respondent-appellee.

Before REAVLEY, JONES and DUHE, Circuit Judges.


BY THE COURT:

Petitioner Malcolm T. Booker moves this Court for a certificate of probable cause to appeal the denial of his habeas corpus petition. Booker also moves to proceed in forma pauperis on appeal and for appointment of appellate counsel. We GRANT CPC and IFP, VACATE the district court's judgment and REMAND for further proceedings. Booker's motion for appointment of counsel is DENIED as moot.

The district court dismissed Booker's habeas corpus...

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