Schexnayder
v.
Vannoy

UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUITApr 13, 2016
643 Fed. Appx. 417 (5th Cir. 2016)

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No. 13-30981

04-13-2016

LOUIE M. SCHEXNAYDER, JR., Petitioner - Appellant v. DARREL VANNOY, WARDEN, LOUISIANA STATE PENITENTIARY, Respondent - Appellee


Appeals from the United States District Court for the Eastern District of Louisiana
USDC No. 2:99-CV-93 Before REAVLEY, JOLLY, and ELROD, Circuit Judges. PER CURIAM:

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. --------

The judgment of the district court is vacated and Petitioner's Rule 60(b) motion is remanded to that court. Because the federal court has not considered constitutional claims related to the decisions of the Louisiana courts after the Louisiana Supreme Court's judgment in State v. Cordero, 993 So. 2d 203 (La. 2008), the present motion is not successive, but is a true Rule 60(b) motion entitled to be decided.

Judgment VACATED and Motion REMANDED.