William G. Long v. Board of Pardons and Paroles of Texas

TATE, Circuit Judge:

For purposes of this appeal, the salient facts are these:

Long, a Texas state prisoner, initially on July 14, 1981 filed a petition for federal habeas relief, 28 U.S.C. § 2254. For reasons immaterial to the present appellate issue (the reasons had to do with facilitating state exhaustion and expediting ultimate federal habeas disposition), Long signed a joint stipulation with the state dismissing his habeas petition without prejudice, which was filed on February 11,1982.

Having subsequently exhausted his state remedies, Long then on September 13, 1982 filed the present…