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CHAMBERS v. JOHNSON

No. 99-40896.

218 F.3d 360 (2000)

Tony Neyshea CHAMBERS, Petitioner-Appellant, v. Gary L. JOHNSON, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

As Modified on Denial of Rehearing July 24, 2000.

Attorney(s) appearing for the Case

Helen J. Beardsley, Austin, TX, Mandy Welch, Burr & Welch, Houston, TX, for Petitioner-Appellant.

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

Before HIGGINBOTHAM, DAVIS and BENAVIDES, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

Tony Neyshea Chambers ("Chambers") was convicted of capital murder and sentenced to death by the State of Texas. In 1995, Chambers filed an application for a federal writ of habeas corpus, but it was dismissed without prejudice for him to exhaust available state remedies. After his state habeas petition was denied in 1998, Chambers again filed a petition for federal habeas relief. In accordance with a magistrate judge's recommendation...

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