Koumjian v. Perry, et al

Filing 920090424

Opinion

IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED
No. 08-50599 Summary Calendar April 24, 2009 Charles R. Fulbruge III Clerk

PAUL JAMES KOUMJIAN Petitioner-Appellant v. RICK PERRY, Texas Governor; GREG ABBOTT, Texas Attorney General; BRAD LIVINGSTON, Executive Director, Texas Department of Criminal Justice, TDCJ; TEXAS BOARD OF PARDONS & PAROLES Respondents-Appellees

Appeal from the United States District Court for the Western District of Texas USDC No. 3:08-CV-148

Before JOLLY, BENAVIDES, and HAYNES, Circuit Judges. PER CURIAM:* Paul James Koumjian, Texas prisoner # 1039181, seeks a certificate of appealability (COA) to appeal the district court's dismissal of his 28 U.S.C. § 2254 petition as an unauthorized successive § 2254 petition. The district court's ruling relied upon its time-bar dismissal of Koumjian's prior federal habeas petition filed in 2005. The appeal from that dismissal, however, remains

Pursuant to 5 TH C IR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR. R. 47.5.4.

*

No. 08-50599 pending in this court. See Koumjian v. Quarterman, No. 06-51492. Accordingly, Koumjian has shown "that jurists of reason would find it debatable whether the district court was correct in its procedural ruling." Slack v. McDaniel, 529 U.S. 43, 484 (2000); Woollard v. United States, 416 F.2d 50, 51 (5th Cir. 1968). Koumjian's motion for a COA is GRANTED, the judgment of the district court is VACATED, and this case is REMANDED for proceedings consistent with this ruling. Koumjian's motion for the appointment of counsel is DENIED.

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