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MALCHI v. THALER

No. 99-40388.

211 F.3d 953 (2000)

Dobber Graham MALCHI, Petitioner-Appellee, v. Rick THALER, Warden, Texas Department of Criminal Justice, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

May 23, 2000.

Attorney(s) appearing for the Case

Dobber Graham Malchi, Huntsville, TX, pro se.

Edward Larry Marshall, Austin, TX, for Respondent-Appellant.

Before WIENER, BENAVIDES and PARKER, Circuit Judges.

ROBERT M. PARKER, Circuit Judge:

Rick Thaler, Warden of the Telford Unit of the Texas Department of Criminal Justice, Institutional Division ("Warden"), appeals the district court's grant of habeas corpus relief to Dobber Graham Malchi, Texas state prisoner # 675956. We reverse.

I. FACTS AND PROCEDURAL HISTORY

Malchi filed a petition for habeas corpus challenging a prison disciplinary decision finding him guilty of possession of a box of stolen envelopes...

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