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GARCIA v. THALER

Civil No. SA-11-CA-482-OG.

793 F.Supp.2d 909 (2011)

Humberto Leal GARCIA, Jr. TDCJ No. 999162, Petitioner, v. Rick THALER, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent.

United States District Court, W.D. Texas, San Antonio Division.

June 22, 2011.

Attorney(s) appearing for the Case

Maurie Levin , University of Texas School of Law, Austin, TX, Sandra L. Babcock , Northwestern University School of Law, Chicago, IL, for Petitioner.

ORDER OF DISMISSAL WITHOUT PREJUDICE

ORLANDO L. GARCIA, District Judge.

Petitioner Humberto Leal Garcia, Jr. has filed this, his third, federal habeas corpus action challenging his July, 1995 Bexar County conviction for the capital murder of Adria Sauceda and sentence of death. Petitioner has also requested a stay of execution and a stay of proceedings in this cause so he can return to state court and exhaust state habeas remedies on what he admits...

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