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GARZA v. THALER

No. 08-40814 Summary Calendar.

585 F.3d 888 (2009)

Daniel GARZA, Petitioner-Appellant, v. Rick THALER, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

October 16, 2009.

Attorney(s) appearing for the Case

Daniel Garza, Kenedy, TX, pro se.

Charles A. Palmer, Austin, TX, for Respondents-Appellees.

Before JOLLY, WIENER, and ELROD, Circuit Judges.

PER CURIAM:

Daniel Garza, pro se, a Texas prisoner, appeals an order of the district court which granted leave to appeal in forma pauperis (IFP) the denial of his 28 U.S.C. § 2254 petition for a writ of habeas corpus, but required him to pay the $455 appellate filing fee in accordance with the terms of the Prison Litigation Reform Act (PLRA), 28 U.S.C. § 1915(b). We VACATE the collection order and...

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