Marlon Williams v. William Stephens, Director

Filing

UNPUBLISHED OPINION FILED. [14-20543 Vacated and Remanded] Judge: EGJ , Judge: JES , Judge: ECP. Mandate pull date is 01/19/2017; granting motion to waive oral argument filed by Appellee Ms. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division [8387109-2]; granting motion to vacate the judgment of the district court filed by Appellee Ms. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division [8387109-3]; granting motion to remand case filed by Appellee Ms. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division [8387109-4] [14-20543]

Case: 14-20543

Document: 00513817026

Page: 1

Date Filed: 12/29/2016

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 14-20543

United States Court of Appeals
Fifth Circuit

FILED
MARLON DANTRUCE WILLIAMS,

December 29, 2016

Petitioner–Appellant,

Lyle W. Cayce
Clerk

v.
LORIE DAVIS, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL
JUSTICE, CORRECTIONAL INSTITUTIONS DIVISION,
Respondent–Appellee.

Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:14-CV-2098
Before JOLLY, SMITH, and PRADO, Circuit Judges.
PER CURIAM:*
IT IS ORDERED that Appellee Lorie Davis’s unopposed motion to cancel
oral argument is GRANTED.
IT IS FURTHER ORDERED that Appellee Lorie Davis’s unopposed
motion to waive the exhaustion requirement pursuant to 28 U.S.C. § 2254(b)(3)

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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

Case: 14-20543

Document: 00513817026

Page: 2

Date Filed: 12/29/2016

No. 14-20543
with respect to those claims that were raised in Appellant Marlon Dantruce
Williams’s state habeas application is GRANTED.
IT IS FURTHER ORDERED that the district court’s judgment is
VACATED, and this case is REMANDED to the district court to review
Appellant Marlon Dantruce Williams’s federal habeas application on the
merits with respect to those claims that were raised in Appellant’s state habeas
application. This is a full remand. We place no limit on the matters that the
district court may address, as needed, and we express no view on what rulings
that court should make.

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