CARDENAS v. THALER

No. 08-70043.

651 F.3d 442 (2011)

Ruben Ramirez CARDENAS, Petitioner-Appellant v. Rick THALER, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

August 22, 2011.


Attorney(s) appearing for the Case

Neil Martin Fox, Seattle, WA, Maurie Levin, University of Texas School of Law, Capital Punishment Clinic, Austin, TX, Morris H. Moon, Houston, TX, for Petitioner-Appellant.

Laura Grant Turbin, Asst. Atty. Gen., Austin, TX, for Respondent-Appellee.

Before GARZA, STEWART, and DENNIS, Circuit Judges.


DENNIS, Circuit Judge:

The Petitioner, Ruben Ramirez Cardenas, appeals the district court's dismissal of his 28 U.S.C. § 2254 application as an unauthorized successive habeas petition. Under the Antiterrorism and Effective Death Penalty Act, a certificate of appealability ("COA") is necessary to proceed with this appeal. See 28 U.S.C. § 2253(c)(1) ("Unless a circuit justice or judge issues a certificate of appealability, an appeal may not be taken...

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