IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-41551
Summary Calendar
HERBERT HERMAN FEIST,
Petitioner-Appellant,
versus
GARY L. JOHNSON, DIRECTOR,
TEXAS DEPARTMENT OF CRIMINAL JUSTICE,
INSTITUTIONAL DIVISION,
Respondent-Appellee.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:97-CV-547
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July 27, 1999
Before POLITZ, JOLLY, and STEWART, Circuit Judges.
PER CURIAM:*
Herbert Feist, Texas prisoner # 318012, requests a
certificate of appealability (COA) to appeal the district court’s
denial of his motion to reinstate his 28 U.S.C. § 2254 federal
habeas petition challenging post-conviction administrative action
relating to his sentence.
In In Re: Feist, No. 98-41176 (5th Cir. Oct. 20,
1998)(three-judge order), this court found that Feist need not
secure permission to file a habeas application "with respect to
*
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that this opinion should not be published and is not precedent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.
No. 98-41551
-2-
those issues challenging post-conviction, post-sentence
administrative actions relating to his sentence." The district
court denied Feist’s motion to reinstate his habeas application
because there was no record of the October 20, 1998, order.
Although the district court was correct in noting that this order
did not appear on the docket sheet related to the case number sub
judice, requests for permission to file successive habeas
applications carry their own appeal numbers and are not linked to
district court case numbers. As the district court did not
consider this court’s order in denying Feist’s motion to
reinstate, this court has no choice but to find that error was
committed. Accordingly, a COA is GRANTED as to Feist’s single
claim. See Sonnier v. Johnson, 161 F.3d 941, 945-46 (5th Cir.
1998).
Additionally, the district court’s order denying Feist’s
motion to reinstate his § 2254 application is VACATED, and this
matter is REMANDED to the district court for additional
consideration in light of this court’s order, In Re: Feist, No.
98-41176 (5th Cir. Oct. 20, 1998).
COA GRANTED; VACATED and REMANDED.