Webb Washington v. Dr. George J. Beto, Director, Texas Department of Corrections

PER CURIAM;

This case is before us on petitioner Washington’s application for a certificate of probable cause under 28 U.S.C.A. § 2253, which was denied by the district court. We hereby grant the certificate of probable cause. Moreover, since we think the record clearly indicates the total lack of a factual basis for the district court’s denial of Washington’s application for a writ of habeas corpus, we choose to reach that issue and remand to the district court for further consideration. See Sullens v. United States, 5 Cir. 1969, 409 F.2d 545, 547.

Petitioner Washington is a Texas prison…