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IN RE GASERY

No. 97-00226 Summary Calendar.

116 F.3d 1051 (1997)

In re Lyonell GASERY, Petitioner.

United States Court of Appeals, Fifth Circuit.

June 20, 1997.

Attorney(s) appearing for the Case

Lyonell Gasery, Beaumont, TX, pro se.

Before DAVIS, EMILIO M. GARZA and STEWART, Circuit Judges.

PER CURIAM:

Petitioner Lyonell Gasery, a Texas state prisoner, has moved to file a second or successive habeas corpus petition pursuant to 28 U.S.C. § 2244(b). The district court dismissed Gasery's first habeas petition without prejudice for failure to exhaust state remedies as to certain, but not all, of the claims presented. See Rose v. Lundy, 455 U.S. 509, 520-21, 102 S.Ct. 1198, 1204-05, 71 L.Ed.2d 379 (1982) (holding...

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