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HAYNES v. QUARTERMAN

No. 07-70004.

526 F.3d 189 (2008)

Anthony Cardell HAYNES, Petitioner-Appellant, v. Nathaniel QUARTERMAN, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

April 23, 2008.

Attorney(s) appearing for the Case

Allen Richard Ellis, Law Offices of A. Richard Ellis, Mill Valley, CA, for Haynes.

Jeremy Craig Greenwell, Austin, TX, for Quarterman.

Before JOLLY, DENNIS and CLEMENT, Circuit Judges.

DENNIS, Circuit Judge:

This case involves an application for a certificate of appealability ("COA") filed by Petitioner Anthony Cardell Haynes ("Petitioner") to appeal the district court's denial of habeas corpus relief under 28 U.S.C. § 2254. Petitioner challenges the district court's denial of COA by asserting: (1) the district court erred in denying his COA sua sponte and preemptively; (2) the district court erred in finding Petitioner's ineffective...

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