Faryion Wardrip v. Rick Thaler, Director, No. 10-70017 (5th Cir. 2011)

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Case: 10-70017 Document: 00511505895 Page: 1 Date Filed: 06/10/2011 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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.