Case: 15-40596 Document: 00514057083 Page: 1 Date Filed: 06/30/2017
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 15-40596 FILED
June 30, 2017
Lyle W. Cayce
JOHN PAUL GALBRAITH, Clerk
Petitioner - Appellant
v.
LORIE DAVIS, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL
JUSTICE, CORRECTIONAL INSTITUTIONS DIVISION,
Respondent - Appellee
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 4:11-CV-756
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
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
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