LEAL GARCIA v. QUARTERMAN

No. 08-70003.

573 F.3d 214 (2009)

Humberto LEAL GARCIA, Petitioner-Appellant, v. Nathaniel QUARTERMAN; Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

June 24, 2009.


Attorney(s) appearing for the Case

Morris H. Moon, Houston, TX, Mark Stevens, San Antonio, TX, for Leal Garcia.

Stephen M. Hoffman, Postconviction Lit. Div., Austin, TX, for Quarterman.

Before WIENER, GARZA and BENAVIDES, Circuit Judges.


WIENER, Circuit Judge:

The opinion in this case filed on June 15, 2009, is withdrawn and the following opinion is substituted therefor.

Petitioner Humberto Leal Garcia ("Leal") appeals from the district court's finding that it was without jurisdiction to consider his second petition for habeas corpus relief because Leal failed to first seek authorization from this court pursuant to 28 U.S.C. § 2244. Leal contends that because his petition is not successive...

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