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HORSLEY v. JOHNSON

No. 97-41120.

197 F.3d 134 (1999)

Royal Lee HORSLEY, Petitioner-Appellee, v. Gary L. JOHNSON, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

November 22, 1999.

Attorney(s) appearing for the Case

Royal Lee Horsley, Mineral Wells, TX, pro se.

Michelle Dulany Roche, Austin, TX, for Respondent-Appellant.

Before REYNALDO G. GARZA, JOLLY and WIENER, Circuit Judges.

REYNALDO G. GARZA, Circuit Judge:

The Director of the Texas Department of Criminal Justice, Institutional Division, requests that Royal Lee Horsley's habeas corpus petition be dismissed with prejudice for abuse of the writ. We find that Horsley's successive habeas petition was an abuse of the writ and that the district court thereby abused its discretion in dismissing Horsley's habeas corpus petition without prejudice. The petition is hereby dismissed with prejudice...

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