Koumjian v. Perry, et al, No. 08-50599 (5th Cir. 2009)

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IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 08-50599 Summary Calendar April 24, 2009 Charles R. Fulbruge III Clerk PAUL JAMES KOUMJIAN Petitioner-Appellant v. RICK PERRY, Texas Governor; GREG ABBOTT, Texas Attorney General; BRAD LIVINGSTON, Executive Director, Texas Department of Criminal Justice, TDCJ; TEXAS BOARD OF PARDONS & PAROLES Respondents-Appellees Appeal from the United States District Court for the Western District of Texas USDC No. 3:08-CV-148 Before JOLLY, BENAVIDES, and HAYNES, Circuit Judges. PER CURIAM:* Paul James Koumjian, Texas prisoner # 1039181, seeks a certificate of appealability (COA) to appeal the district court s dismissal of his 28 U.S.C. § 2254 petition as an unauthorized successive § 2254 petition. The district court s ruling relied upon its time-bar dismissal of Koumjian s prior federal habeas petition filed in 2005. The appeal from that dismissal, however, remains * Pursuant to 5 TH C IR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR. R. 47.5.4. No. 08-50599 pending in this court. See Koumjian v. Quarterman, No. 06-51492. Accordingly, Koumjian has shown that jurists of reason would find it debatable whether the district court was correct in its procedural ruling. Slack v. McDaniel, 529 U.S. 43, 484 (2000); Woollard v. United States, 416 F.2d 50, 51 (5th Cir. 1968). Koumjian s motion for a COA is GRANTED, the judgment of the district court is VACATED, and this case is REMANDED for proceedings consistent with this ruling. Koumjian s motion for the appointment of counsel is DENIED. 2

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