Charles Sylvester Stamper v. Alton Baskerville, Superintendent

*1107ERVIN, Circuit Judge:

Charles Sylvester Stamper appeals from the district court’s denial of his petition for a writ of habeas corpus, 558 F.Supp. 100. Stamper argues that the district court failed to comply with a previous mandate of this court ordering dismissal of the case pursuant to Rose v. Lundy, 455 U.S. 509, 102 S.Ct. 1198, 71 L.Ed.2d 379 (1982). Because we find that the district court contravened a direct order of this court we vacate the judgment and remand to the district court with orders to dismiss.

I

In November of 1979 Stamper was convicted on three charges of capital murder, one…