Home/Fifth Circuit/Lawrence John Stokes v. W. J. Estelle, Jr., Director, Texas Department of Corrections, Respondent

Lawrence John Stokes v. W. J. Estelle, Jr., Director, Texas Department of Corrections, Respondent

593 F.2d 21
CourtCourt of Appeals for the Fifth Circuit
DecidedMay 31, 1979
Docket78-1320
StatusPublished

This text of 593 F.2d 21 (Lawrence John Stokes v. W. J. Estelle, Jr., Director, Texas Department of Corrections, Respondent) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lawrence John Stokes v. W. J. Estelle, Jr., Director, Texas Department of Corrections, Respondent, 593 F.2d 21 (5th Cir. 1979).

Opinion

PER CURIAM:

Habeas petition by a Texas state prisoner. The respondent was not served with a summons or a show cause order and was unaware of the case until served with appellant’s brief on appeal.

The Magistrate, relying on state court records and an ex parte personal investigation of non-record matters, recommended denial of the petition, and the district judge adopted the recommendation. Neither the statutes nor the rules permit habeas cases to be handled in this manner. See: Rule 4, 28 foll. § 2254; Scott v. Estelle, 567 F.2d 632 (CA5, 1978); Jackson v. Estelle, 570 F.2d 546 (CA5, 1978).

VACATED and REMANDED.

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Related

Neil Estes Scott v. W. J. Estelle, Jr., Director, Texas Department of Corrections
567 F.2d 632 (Fifth Circuit, 1978)
Vera Jackson v. W. J. Estelle, Jr., Director, Texas Department of Corrections
570 F.2d 546 (Fifth Circuit, 1978)

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Bluebook (online)
593 F.2d 21, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lawrence-john-stokes-v-w-j-estelle-jr-director-texas-department-of-ca5-1979.