Moran v. Stalder

121 F.3d 210

• Court: Court of Appeals for the Fifth Circuit
• Decided: September 3, 1997
• Docket: 96-30892
• Status: Unpublished

Opinion

UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

_______________________

No. 96-30892 _______________________

JOHN A. MORAN,

Petitioner,

versus

RICHARD L. STALDER, SECRETARY LA. DEPT. OF CORRECTIONS,

Respondent.

_________________________________________________________________

Appeal from the United States District Court for the Eastern District of Louisiana _________________________________________________________________

August 19, 1997

Before JONES, DeMOSS, and PARKER, Circuit Judges.

PER CURIAM:*

This is a successive habeas petition filed in the

district court in February 1996, before the effective date of the

Anti-Terrorism and Effective Death Penalty Act. The district court

held, and we initially agreed, that because the petition was

pending at the effective date of the AEDPA, petitioner Moran was

required to obtain a certificate of appealability in this court

* 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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. pursuant to newly enacted § 2244(b). As it turned out, the Supreme

Court did not agree with this position. Lindh v. Murphy, ___ S.Ct.

___ (1997), and it has held the COA requirement inapplicable to

petitions filed before the effective date of AEDPA. Consequently,

we must reverse and remand for consideration of Moran’s petition in

the district court pursuant to pre-AEDPA standards.

REVERSED and REMANDED.