Gustavo Garcia v. William Stephens, Director

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Gustavo Garcia was convicted of capital murder by a Texas jury and sentenced to death. This is his second federal habeas petition. The district court denied relief on the merits, ordered the case dismissed with prejudice, and did not issue a certificate of appealability (COA). Garcia now requests a COA from this court pursuant to • 28 U.S.C. § 2253(c)(1) to appeal the district court’s denial of relief. Having carefully reviewed the record, we hold that Garcia failed to exhaust state court remedies with regard to one of the claims he now raises. To the…