Ex Parte McNeil

Court of Criminal Appeals of Texas

Ex Parte McNeil

588 S.W.2d 592, 1979 Tex. Crim. App. LEXIS 1685

Court of Criminal Appeals of Texas·Decided October 24, 1979·No. 54451·Published·Cited by 13 cases

Opinion

OPINION

DALLY, Judge.

The petitioner now has pending in the United States District Court for the Southern District of Texas in Civil Action No. *593 H-79-393 styled John Alvin McNeil, Petitioner v. W. J. Estelle, Jr., Director, Texas Department of Corrections, Respondent, an application for writ of habeas corpus seeking the same relief that he seeks here. Since that court has entertained and retained jurisdiction of the matter we dismiss this application as we did in Ex parte Powers, 487 S.W.2d 101 (Tex.Cr.App.1972) and Ex parte Green, 548 S.W.2d 914 (Tex.Cr.App.1977). See also Galtieri v. Wainwright, 582 F.2d 348 (5th Cir. 1978).

It is so ordered.

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OPINION

DALLY, Judge.

The petitioner now has pending in the United States District Court for the Southern District of Texas in Civil Action No. *593 H-79-393 styled John Alvin McNeil, Petitioner v. W. J. Estelle, Jr., Director, Texas Department of Corrections, Respondent, an application for writ of habeas corpus seeking the same relief that he seeks here. Since that court has entertained and retained jurisdiction of the matter we dismiss this application as we did in Ex parte Powers, 487 S.W.2d 101 (Tex.Cr.App.1972) and Ex parte Green, 548 S.W.2d 914 (Tex.Cr.App.1977). See also Galtieri v. Wainwright, 582 F.2d 348 (5th Cir. 1978).

It is so ordered.

Ex Parte McNeil, 588 S.W.2d 592, 1979 Tex. Crim. App. LEXIS 1685 (Tex. 1979).

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Opinion

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