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ROSALES v. COCKRELL

No. Civ.A. 5:00-CV-216-C.

220 F.Supp.2d 593 (2001)

Michael ROSALES, Petitioner, v. Janie COCKRELL, Director, Texas Department of Criminal Justice, Institutional Division, Respondent.

United States District Court, N.D. Texas, Lubbock Division.

September 25, 2001.

Attorney(s) appearing for the Case

Philip Alan Wischkaemper, Attorney at Law, Snuggs & Wischkaemper, Lubbock, TX, Gary A. Taylor, Attorney at Law, Law Office of Gary Taylor, Austin, TX, for Michael Rosales.

Tommy Skaggs, Attorney at Law, Attorney General of Texas, Habeas Corpus Division, Austin, TX, Philip A. Lionberger, Attorney at Law, Attorney General of Texas, Solicitor General Division, Austin, TX, for Gary Johnson, Director TDCJ-ID.

S. Michael Bozarth, Attorney at Law, Attorney General of Texas, Law Enforcement Defense Div., Austin, TX, for Janie Cockrell, Director TDCJ-ID.

ORDER

CUMMINGS, District Judge.

Came on for hearing the above-styled and -numbered cause. Both parties appeared and announced ready. Having considered the testimony and arguments, as well as the pleadings, the state court records, and the relevant law, the Court enters the following Order, which constitutes the Court's findings of fact and conclusions of law.

I. BACKGROUND

A. Procedural Background

Petitioner Michael F....

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