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EAST v. SCOTT

No. 94-10730.

55 F.3d 996 (1995)

Wayne EAST, Petitioner-Appellant, v. Wayne SCOTT, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

June 9, 1995.

Attorney(s) appearing for the Case

Sandra L. Babcock, 10th Dist. Public Defenders Office, Anoka, MN, Robert C. Owen, Tex. Resource Center, Austin, TX, for appellant.

William C. Zapalac, Asst. Atty. Gen., Dan Morales, Atty. Gen., Austin, TX, for appellee.

Before POLITZ, Chief Judge, KING and DAVIS, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

Wayne East, a Texas Death Row inmate, appeals the district court's dismissal of his § 2254 habeas corpus petition. East's primary contention on appeal is that the district court erred by dismissing his habeas petition without providing him with an opportunity for discovery or an evidentiary hearing. After careful consideration, we agree that the district court erred by dismissing East's due process and Brady claims without...

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