Opinion
No. 54451.
October 24, 1979.
Appeal from 174th Judicial District Court, Harris County; George D. Taylor, Special Judge.
Robert Huttash, State's Atty., Austin, for the State.
Before the Court en banc.
OPINION
The petitioner now has pending in the United States District Court for the Southern District of Texas in Civil Action No. H-79-393 styled John Alvin McNeil, Petitioner v. W. J. Estelle, Jr., Director, Texas Department of Corrections, Respondent, an application for writ of habeas corpus seeking the same relief that he seeks here. Since that court has entertained and retained jurisdiction of the matter we dismiss this application as we did in Ex parte Powers, 487 S.W.2d 101 (Tex.Cr.App. 1972) and Ex parte Green, 548 S.W.2d 914 (Tex.Cr.App. 1977). See also Galtieri v. Wainwright, 582 F.2d 348 (5th Cir. 1978).
It is so ordered.