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TAPIA v. LEMASTER

No. 99-2023.

172 F.3d 1193 (1999)

Augustine R. TAPIA, Petitioner, v. Tim LEMASTER, Warden, New Mexico State Penitentiary; Attorney General State of New Mexico, Respondents.

United States Court of Appeals, Tenth Circuit.

Ordered Published April 12, 1999.

ORDER

This is a matter which was transferred by the district court to determine whether Augustine Tapia, a state prisoner in New Mexico, should be granted authorization to file a second 28 U.S.C. § 2254 petition in the district court. Because we conclude that Mr. Tapia's § 2254 petition filed in the district court is successive, we construe Mr. Tapia's "Petitioner's Motion for Remand to District Court in Lieu of Motion for Permission to File Second or...

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