Case: 10-70017 Document: 00511505895 Page: 1 Date Filed: 06/10/2011

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED June 10, 2011 No. 10-70017 Lyle W. Cayce Clerk FARYION EDWARD WARDRIP, Petitioner - Appellee v. RICK THALER, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, CORRECTIONAL INSTITUTIONS DIVISION, Respondent - Appellant

Appeal from the United States District Court for the Northern District of Texas USDC No. 7:01-CV-247

Before HIGGINBOTHAM, CLEMENT, and SOUTHWICK, Circuit Judges.

PER CURIAM:* We VACATE the April 9, 2010 judgment of the district court and REMAND for reconsideration in light of the Supreme Court’s decision in Cullen v. Pinholster, 131 S. Ct. 1388 (2011).

VACATED and REMANDED.

* Pursuant to 5TH CIR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .

R. 47.5.4.