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PEREZ v. STEPHENS

No. 14-70039.

784 F.3d 276 (2015)

Louis Castro PEREZ, Petitioner-Appellant v. William STEPHENS, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

April 22, 2015.

Attorney(s) appearing for the Case

Mark Emery,   Jonathan S. Franklin, Norton Rose Fulbright U.S. LLP, Washington, DC, Marcy Hogan Greer, Alexander Dubose Jefferson & Townsend, L.L.P., Austin, TX, for Petitioner-Appellant.

Matthew Hamilton Frederick, Deputy Solicitor General, Thomas Merrill Jones, Assistant Attorney General, Office of the Attorney General, Austin, TX, for Respondent-Appellee.

Before JONES, DENNIS, and HAYNES, Circuit Judges.

In this 28 U.S.C. § 2254 death penalty case, Perez appeals the March 27, 2012, dismissal ("March 2012 Judgment") of his habeas petition and application for a Certificate of Appealability ("COA"). Although Perez failed to file a notice of appeal within 30 days of the judgment as required by Federal Rule of Appellate Procedure ("FRAP") 4...

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