Michael J. Paprskar v. W. J. Estelle, Jr., Director, Texas Department of Corrections

FRANK M. JOHNSON, Jr., Circuit Judge:

On November 16,1978, the United States District Court for the Southern District of Texas dismissed petitioner Michael J. Paprskar’s second federal habeas corpus petition as a successive petition “abuse of the writ”. The district court erred in making that determination. Accordingly, we vacate the judgment below and remand to the district court for further consideration of Paprskar’s petition.

I

This appeal marks Michael Paprskar’s second appearance in this Court challenging his Texas conviction for murder or aspects of his confinement in the Texas penal sys*1004te…