Koumjian v. Perry , 325 F. App'x 317 ( 2009 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
April 24, 2009
No. 08-50599
Summary Calendar 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should not be published and is not precedent except under the limited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