Faryion Wardrip v. Rick Thaler, Director


UNPUBLISHED OPINION FILED. [10-70017 Vacated and Remanded] Judge: PEH , Judge: EBC , Judge: LHS Mandate pull date is 07/01/2011 [10-70017]

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Case: 10-70017 Document: 00511505895 Page: 1 Date Filed: 06/10/2011 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED June 10, 2011 No. 10-70017 Lyle W. Cayce Clerk FARYION EDWARD WARDRIP, Petitioner - Appellee v. RICK THALER, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, CORRECTIONAL INSTITUTIONS DIVISION, Respondent - 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:* 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, 131 S. Ct. 1388 (2011). VACATED and REMANDED. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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.

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