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PROPES v. QUARTERMAN

No. 07-40833.

573 F.3d 225 (2009)

Johnnie R. PROPES, Petitioner-Appellant, v. Nathaniel QUARTERMAN, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

June 26, 2009.

Attorney(s) appearing for the Case

Johnnie R. Propes, Teague, TX, pro se.

Kathryn C. Gainor, Tommy Lee Skaggs, Austin, TX, for Quarterman.

Before KING, STEWART and SOUTHWICK, Circuit Judges.

LESLIE H. SOUTHWICK, Circuit Judge:

Johnnie R. Propes, Texas prisoner # 1178904, appeals the district court's dismissal of his application for a writ of habeas corpus. The court found the petition to be successive, and Propes had not received permission from this court to file a successive request for habeas relief.

We granted Propes a certificate of appealability ("COA") on two issues. One was whether an application should be considered successive when the...

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