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

Fifth Circuit

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

593 F.2d 21

Court of Appeals for the Fifth Circuit·Decided May 31, 1979·No. 78-1320·Published

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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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.

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

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Opinion

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