FOSTER v. THALER

No. 09-70001.

607 F.3d 391 (2010)

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

United States Court of Appeals, Fifth Circuit.

May 19, 2010.


Attorney(s) appearing for the Case

F. Clinton Broden (Court-Appointed), Broden & Mickelsen, Adrienne A. Dunn (Court-Appointed), Law Office of Adrienne Dunn, Dallas, TX, for Foster.

Laura Grant Turbin, Asst. Atty. Gen., Austin, TX, for Thaler.

Before SMITH, STEWART and SOUTHWICK, Circuit Judges.


ORDER:

Foster seeks panel rehearing in this Court's previous denial of his application for a Certificate of Appealability. His petition is DENIED.

Foster contends that the court's opinion improperly concluded that his claim for ineffective assistance of state habeas counsel was procedurally barred. We held that a number of Foster's claims were defaulted because of his failure to raise them in the state habeas proceeding. In his reply brief before this Court...

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