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MORRIS v. DRETKE

No. 04-70004.

379 F.3d 199 (2004)

Kenneth Wayne MORRIS, Petitioner-Appellant, v. Doug DRETKE, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

July 21, 2004.

Attorney(s) appearing for the Case

Michael B. Charlton, Law Office of Michael B. Charlton, Alvin, TX, Gerald James Bierbaum, Houston, TX, for Petitioner-Appellant.

Deni S. Garcia, Austin, TX, for Respondent-Appellee.

Before HIGGINBOTHAM, DeMOSS and DENNIS, Circuit Judges.

DeMOSS, Circuit Judge:

Petitioner Kenneth Wayne Morris ("Morris"), a Texas inmate sentenced to die for the crime of capital murder, seeks a certificate of appealability ("COA") from this Court on two issues. First, Morris seeks review of whether the presentation of a factually stronger habeas claim always mandates a dismissal without prejudice based on the exhaustion principle. Second, Morris seeks review of whether the district...

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