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HERNANDEZ v. THALER

No. 10-50319.

630 F.3d 420 (2011)

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

United States Court of Appeals, Fifth Circuit.

January 6, 2011.

Attorney(s) appearing for the Case

Alfred Hernandez , Rosharon, TX, pro se.

Marta Rew McLaughlin , Austin, TX, for Thaler.

Before HIGGINBOTHAM, SMITH and ELROD, Circuit Judges.

PER CURIAM:

In substance, petitioner-appellant Alfred Hernandez seeks a certificate of appealability (a "COA") granting him permission to appeal the district court's denial of his motion for relief from judgment under Federal Rule of Civil Procedure 60(b)(6). The judgment in question applied the then-controlling rule of Salinas v. Dretke1 and dismissed Hernandez's habeas petition as barred by limitations. Hernandez argues that if...

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