Garland v. Maggio

In a previous unpublished opinion, 706 F.2d 313 (5th Cir.1983), this panel found that Roy Garland had not exhausted his available state remedies with respect to all of the claims he was asserting. As a result, we remanded the case to the district court for appropriate disposition. See Burns v. Estelle, 695 F.2d 847 (5th Cir.1983). Because we were concerned that the record was incomplete, we informed Garland that if he could provide, in a petition for rehearing, documentation which showed that he had exhausted his available state remedies, we would consider his claims. Garland has made the required showing in a petition for rehearing. We therefore GRANT his petition for rehearing for the purpose of VACATING our prior opinion and substituting the following in its stead.