Gerald Eldridge v. William Stephens, Director, No. 13-70023 (5th Cir. 2015)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on January 16, 2015.
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Case: 13-70023 Document: 00513102898 Page: 1 Date Filed: 07/02/2015 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 13-70023 United States Court of Appeals Fifth Circuit FILED GERALD CORNELIUS ELDRIDGE, Petitioner—Appellant July 2, 2015 Lyle W. Cayce Clerk v. WILLIAM STEPHENS, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, CORRECTIONAL INSTITUTIONS DIVISION, Respondent—Appellee Appeal from the United States District Court for the Southern District of Texas USDC No. 4:05-CV-1847 Before STEWART, Chief Judge, and OWEN and SOUTHWICK, Circuit Judges. PER CURIAM:* We deny the petition for rehearing filed by the Appellant. However, we withdraw the opinion that was issued January 16, 2015, and substitute the following opinion: 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. * Case: 13-70023 Document: 00513102898 Page: 2 Date Filed: 07/02/2015 No. 13-70023 Gerald Cornelius Eldridge seeks a certificate of appealability (COA) on the issue of his competence to be executed under Ford v. Wainwright 1 and Panetti v. Quarterman. 2 We conclude that “reasonable jurists would find the district court’s assessment of the constitutional claims debatable or wrong.” 3 Accordingly, we grant the request for a COA on the issue of Eldridge’s competence to be executed and more specifically grant his request to appeal (1) the January 31, 2013 Memorandum and Order dismissing Eldridge’s Amended Petition for a Writ of Habeas Corpus; (2) the June 28, 2013 Order denying Eldridge’s motion to Alter Judgment; and (3) the August 28, 2013 Order denying Eldridge’s Motion to Reopen Judgment. The issues in this case have been briefed extensively in conjunction with the application in this court for a COA. Eldridge’s appellant’s brief should be filed on or before July 30, 2015. The response of the State shall be filed on or before August 28, 2015. Eldridge’s reply brief shall be filed no later than 20 days after the date that the State’s response is filed. * * * Eldridge’s application for a COA is GRANTED. 1 477 U.S. 399 (1986). 2 551 U.S. 930 (2007). Hearn v. Thaler, 669 F.3d 265, 271 (5th Cir. 2012) (quoting Slack v. McDaniel, 529 U.S. 473, 484 (2000)). 3 2
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