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U.S. Court of Appeals for the Fifth Circuit, 1979

Lawrence John Stokes v. W. J. Estelle, Jr., Director, Texas Department of Corrections

Lawrence John Stokes v. W. J. Estelle, Jr., Director, Texas Department of Corrections
U.S. Court of Appeals for the Fifth Circuit · Decided May 31, 1979 · Ainsworth, Godbold, Per Curiam, Vance
593 F.2d 21 (Federal Reporter, Second Series)

Lawrence John Stokes v. W. J. Estelle, Jr., Director, Texas Department of Corrections

Opinion

PER CURIAM:

Habeas petition by a Texas state prisoner. The respondent was not served with a summons or a show cause order and was unaware of the case until served with appellant’s brief on appeal.

The Magistrate, relying on state court records and an ex parte personal investigation of non-record matters, recommended denial of the petition, and the district judge adopted the recommendation. Neither the statutes nor the rules permit habeas cases to be handled in this manner. See: Rule 4, 28 foll. § 2254; Scott v. Estelle, 567 F.2d 632 (CA5, 1978); Jackson v. Estelle, 570 F.2d 546 (CA5, 1978).

VACATED and REMANDED.

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