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SIXTA v. THALER

No. 07-20890.

615 F.3d 569 (2010)

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

United States Court of Appeals, Fifth Circuit.

August 19, 2010.

Attorney(s) appearing for the Case

Marjorie A. Meyers, Fed. Pub. Def., Timothy William Crooks, Asst. Fed. Pub. Def. (argued), Houston, TX, for Sixta.

Joseph Peter Corcoran, Asst. Atty. Gen. (argued), Jessica Michelle Hartsell, Austin, TX, for Thaler.

Before DENNIS, OWEN and SOUTHWICK, Circuit Judges.

DENNIS, Circuit Judge:

Petitioner Daniel James Sixta ("Sixta" or "the petitioner"), a Texas state prisoner, appeals the district court's grant of summary judgment to Respondent Rick Thaler ("the respondent") on his petition for habeas relief made pursuant to 28 U.S.C. § 2254. Sixta moved for a certificate of appealability ("COA") on various grounds, and we granted his request as to a single issue: Whether the respondent in a § 2254 proceeding is constitutionally...

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