MARLON DANTRUCE WILLIAMS v. LORIE DAVIS DIRECTOR TEXAS DEPARTMENT OF CRIMINAL JUSTICE CORRECTIONAL INSTITUTIONS DIVISION (2016)

United States Court of Appeals, Fifth Circuit.

MARLON DANTRUCE WILLIAMS, Petitioner–Appellant, v. LORIE DAVIS, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, CORRECTIONAL INSTITUTIONS DIVISION, Respondent–Appellee.

No. 14-20543

Decided: December 29, 2016

Before JOLLY, SMITH, and PRADO, Circuit Judges.

IT IS ORDERED that Appellee Lorie Davis's unopposed motion to cancel oral argument is GRANTED.

IT IS FURTHER ORDERED that Appellee Lorie Davis's unopposed motion to waive the exhaustion requirement pursuant to 28 U.S.C. § 2254(b)(3) with respect to those claims that were raised in Appellant Marlon Dantruce Williams's state habeas application is GRANTED.

IT IS FURTHER ORDERED that the district court's judgment is VACATED, and this case is REMANDED to the district court to review Appellant Marlon Dantruce Williams's federal habeas application on the merits with respect to those claims that were raised in Appellant's state habeas application. This is a full remand. We place no limit on the matters that the district court may address, as needed, and we express no view on what rulings that court should make.

PER CURIAM:*

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