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STRICKLAND v. THALER

No. 11-40317.

701 F.3d 171 (2012)

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

United States Court of Appeals, Fifth Circuit.

November 7, 2012.

Attorney(s) appearing for the Case

Tony James Strickland, Angleton, TX, pro se.

Melissa L. Hargis , Postconviction Lit. Div., Greg Abbot , Office of the Attorney General, Austin, TX, for Respondent-Appellee.

Before STEWART, Chief Judge, and GARZA and ELROD, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

Petitioner Tony Strickland, a Texas state prisoner, exhausted his state remedies and moved to file a habeas corpus petition. The district court dismissed the application without prejudice for lack of subject matter jurisdiction under 28 U.S.C. § 2244, holding the petition is a second or successive petition. Strickland appeals, contending this petition is not a second or successive petition within the meaning of 28 U.S.C. §...

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