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John Galbraith v. Lorie Davis, Director
691 F. App'x 228
5th Cir.
2017
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*1 Before HIGGINBOTHAM, HAYNES, and GRAVES, Circuit Judges.

PER CURIAM: [*]

The Court sua sponte vacates the November 22, 2016 order denying petitioner’s motion for reconsideration of his motion for certificate of appealability (COA), styled as “Petition for Rehearing En Banc With Suggestions in Support,” and hereby GRANTS reconsideration. The Court further directs that petitioner’s unfiled second “Request to File a Petition for Rehearing En Banc Out of Time” be treated as a supplemental brief in support *2 Case: 15-40596 Document: 00514057083 Page: 2 Date Filed: 06/30/2017

No. 15-40596

of a COA. Accordingly, we DENY “Petitioner’s Letter Request to File Rehearing En Banc Out of Time” as moot. We GRANT a COA for issue (1) that a juror was biased and trial and appellate counsel were ineffective for failing to raise the issue. We affirm the DENIAL of a COA as to all remaining issues. The clerk is directed to issue a briefing notice.

2

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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

Case Details

Case Name: John Galbraith v. Lorie Davis, Director
Court Name: Court of Appeals for the Fifth Circuit
Date Published: Jun 30, 2017
Citation: 691 F. App'x 228
Docket Number: 15-40596
Court Abbreviation: 5th Cir.
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