Koumjian v. Perry

325 F. App'x 317

• Court: Court of Appeals for the Fifth Circuit
• Decided: April 24, 2009
• Docket: 08-50599
• Status: Unpublished

Opinion

PER CURIAM: *

Paul James Koumjian, Texas prisoner # 1039181, seeks a certificate of appeala-bility (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 pending in this court. See Koum-jian 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. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (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.

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cm.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