Wardrip v. Thaler

Full title: Faryion Edward WARDRIP, Petitioner-Appellee v. Rick THALER, Director…

Court: United States Court of Appeals, Fifth Circuit

Date published: Jun 10, 2011

428 F. App'x 352 (5th Cir. 2011)

Opinion

No. 10-70017.

June 10, 2011.

Bruce Edward Anton, Sorrels, Udashen Anton, Dallas, TX, Mary Margaret Penrose, University of Oklahoma College of Law, Norman, OK, for Petitioner-Appellee.

Katherine Diane Hayes, Assistant Attorney General, Office of The Attorney General, Austin, TX, for Respondents-Appellant.

Appeal from the United States District Court for the Northern District of Texas, USDC No. 7:01-CV-247.

Before HIGGINBOTHAM, CLEMENT, and SOUTHWICK, Circuit Judges.

PER CURIAM:[fn*] [fn*] Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

We VACATE the April 9, 2010 judgment of the district court and REMAND for reconsideration in light of the Supreme Court's decision in Cullen v. Pinholster, ___ U.S. ___, 131 S.Ct. 1388, 179 L.Ed.2d 557 (2011).

VACATED and REMANDED.