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SOFFAR v. COCKRELL

No. 98-20385.

300 F.3d 588 (2002)

Max Alexander SOFFAR, Petitioner-Appellant, v. Janie COCKRELL, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

July 29, 2002.

Attorney(s) appearing for the Case

James Howard Schropp (argued), Fried, Frank, Harris, Shriver & Jacobson, Washington, DC, for Petitioner-Appellant.

Gena Blount Bunn, Asst. Atty. Gen. (argued), Austin, TX, for Respondent-Appellee.

Before KING, Chief Judge, and JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, WIENER, BARKSDALE, EMILIO M. GARZA, DeMOSS, BENAVIDES, STEWART, PARKER and DENNIS, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

Petitioner Max Alexander Soffar ("Soffar"), a Texas state prisoner convicted of capital murder, seeks a certificate of probable cause ("CPC") to appeal the district court's dismissal of his application for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. A panel of this court, construing Soffar's petition as a request for a certificate of appealability ("COA") under the Antiterrorism and Effective Death Penalty Act of...

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