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BIGBY v. DRETKE

No. 99-11262.

402 F.3d 551 (2005)

James Eugene BIGBY, Petitioner-Appellant, v. Doug DRETKE, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

March 8, 2005.

Attorney(s) appearing for the Case

Danny D. Burns, Fort Worth, TX, for Bigby.

Edward Larry Marshall, Austin, TX, for Dretke.

Before HIGGINBOTHAM, DeMOSS and STEWART, Circuit Judges.

CARL E. STEWART, Circuit Judge:

The opinion reported at 340 F.3d 259 (5th Cir.2003) is withdrawn and the opinion below is substituted therefor.

Petitioner-Appellant, Gary Eugene Bigby ("Bigby"), appeals the district court's denial of his Petition for Writ of Habeas Corpus regarding his claim that, by declining to recuse himself after Bigby assaulted him, the trial judge denied Bigby...

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