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IN RE CATHEY

No. 16-20312 CONSOLIDATED WITH 16-70015.

857 F.3d 221 (2017)

IN RE: Eric Dewayne CATHEY, Movant, Eric Dewayne Cathey, Petitioner-Appellant v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Filed May 11, 2017.

Attorney(s) appearing for the Case

Layne E. Kruse , Norton Rose Fulbright US, L.L.P., Houston, TX, for Movant.

Jefferson David Clendenin , Assistant Attorney General, Office of the Attorney General, Postconviction Litigation Division, Austin, TX, for Respondent.

Before HIGGINBOTHAM, DENNIS, and ELROD, Circuit Judges.

Eric Dewayne Cathey filed a habeas petition raising an Atkins claim in the Southern District of Texas.1 The district court concluded that Cathey's petition was successive and transferred it to this Court. Cathey appeals the district court's transfer order. Alternatively, he asks this Court for authorization...

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