Legal Opinion

Houser v. Dretke

Court of Appeals for the Fifth Circuit

Decided December 30, 2004No. 04-10066PublishedCited by 26 opinions

1Opinion of the Court

EDITH H. JONES, Circuit Judge:

Bruce Wayne Houser, Texas prisoner # 460890, moves for a certificate of appeal-ability (COA) to appeal the dismissal of his 28 U.S.C. § 2254 petition for failure to exhaust administrative remedies and as procedurally barred. In that petition, Houser alleged due process violations in connection with prison disciplinary proceeding # 20020003898. Houser has demonstrated that reasonable jurists could debate whether the district court was correct in its procedural ruling. See Slack v. McDaniel, 529 U.S. 473, 484, 120 S.Ct. 1595, 1603-04, 146 L.Ed.2d 542 (2000).…

2Cases cited4 opinions

  1. Slack v. McDanielSupreme Court of the United States · 2000
  2. Miller-El v. CockrellSupreme Court of the United States · 2003
  3. Wolff v. McDonnellSupreme Court of the United States · 1974
  4. Hall v. CainCourt of Appeals for the Fifth Circuit · 2000

3Cited by26 opinions

  1. Gary Gerber v. David VaranoCourt of Appeals for the Third Circuit · 2013
  2. Wyatt v. ThalerCourt of Appeals for the Fifth Circuit · 2010
  3. Charles Davis v. William Stephens, DirectorCourt of Appeals for the Fifth Circuit · 2014
  4. Daniel Rodriguez v. Rick Thaler, DirectorCourt of Appeals for the Fifth Circuit · 2011
  5. Dolan v. DretkeCourt of Appeals for the Fifth Circuit · 2006

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