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DRUERY v. THALER

No. 10-70022.

647 F.3d 535 (2011)

Marcus Ray Tyrone DRUERY, Petitioner-Appellant, v. Rick THALER, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

July 20, 2011.

Attorney(s) appearing for the Case

David A. Schulman (Court-Appointed), Law Office of David A. Schulman, Austin, TX, for Petitioner-Appellant.

Leslie Katheryn Kuykendall , Asst. Atty. Gen., Postconviction Lit. Div., Austin, TX, for Respondent-Appellee.

Before JONES, Chief Judge, and JOLLY and SOUTHWICK, Circuit Judges.

EDITH H. JONES, Chief Judge:

Petitioner Marcus Ray Tyrone Druery ("Petitioner") was convicted of capital murder and sentenced to death by a Texas court. After failing to obtain relief in state court or the United States Supreme Court, Petitioner sought a federal habeas petition, which the district court denied. The district court also denied Petitioner a certificate of appealability ("COA"). Petitioner now asks this court to grant him a COA pursuant to 28 U.S.C. ...

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