Daniel Hansen v. Rick Thaler, Director ( 2013 )

Case: 12-20343 Document: 00512299519 Page: 1 Date Filed: 07/08/2013
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
July 8, 2013
No. 12-20343
Summary Calendar Lyle W. Cayce
Clerk
DANIEL SERGIO HANSEN,
Petitioner-Appellant
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. 4:12-CV-1056
ON PETITION FOR REHEARING
Before JOLLY, DAVIS, and PRADO, Circuit Judges.
PER CURIAM:*
Treating the Petition for Rehearing En Banc as a Petition for Panel
Rehearing, the Petition for Panel Rehearing is GRANTED.
In supplemental briefing filed by the parties after our previous opinion on
rehearing, it has come to our attention that the state courts are now moving
forward with Hansen’s state habeas application. In the light of that activity, we
*
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 R. 47.5, the Court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-20343 Document: 00512299519 Page: 2 Date Filed: 07/08/2013
No. 12-20343
cannot say that there is an absence of available State corrective process or that
circumstances exist that render such process ineffective to protect Hansen’s
rights. See 28 U.S.C. § 2254(b)(1)(B). We therefore withdraw our previous
opinions in this case and AFFIRM the judgment of the district court dismissing
Hansen’s federal habeas petition without prejudice for failure to exhaust state
remedies.
2