TUCKER v. SCOTT

No. 95-10194.

66 F.3d 1418 (1995)

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

United States Court of Appeals, Fifth Circuit.

October 4, 1995.


Attorney(s) appearing for the Case

Mandy Fleming Welch, Richard H. Burr, III, Houston, TX, for petitioner-appellant.

Laura Bayouth Popps, Assistant Attorney General, Austin, TX, for respondent-appellee.

Before JONES, BARKSDALE, and BENAVIDES, Circuit Judges.


BENAVIDES, Circuit Judge:

Jeffery Eugene Tucker, a Texas death row inmate, appeals the district court's interlocutory order that appoints counsel to represent him but limits counsel's representation to issues that have been exhausted in state court. We dismiss this habeas proceeding without prejudice to allow Tucker to exhaust his state habeas remedies. Further, we relieve counsel of further obligation in this federal proceeding.

I. PROCEDURAL HISTORY

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