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BREWER v. QUARTERMAN

No. 05-70056.

475 F.3d 253 (2006)

Lawrence Russell BREWER, Petitioner-Appellant, v. Nathaniel QUARTERMAN, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

December 29, 2006.

Attorney(s) appearing for the Case

Alexander Lee Calhoun, Law Office of Alex Calhoun, Austin, TX, for Brewer.

Gena Blount Bunn, Asst. Atty. Gen., Austin, TX, for Quarterman.

Before SMITH, GARZA and PRADO, Circuit Judges.

ON PETITION FOR REHEARING

PER CURIAM:

Lawrence Russell Brewer seeks rehearing on our decision treating as waived his request for certificate of appealability (COA) on two issues that he did not raise in his previous request for COA before the district court. We deny this petition for rehearing and write to reaffirm that the waiver doctrine applies to COA applications.

Initially, Brewer filed a habeas petition on 15 issues. The district court...

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