Koehl v. Cockrell

* 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that this opinion should not be published and is not precedent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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-20962
Summary Calendar
ERIC WALLACE KOEHL,
Petitioner-Appellant,
versus
JANIE COCKRELL, DIRECTOR, TEXAS DEPARTMENT OF
CRIMINAL JUSTICE, INSTITUTIONAL DIVISION,
Respondent-Appellee.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-00-CV-3704
--------------------
June 6, 2002
Before DeMoss, PARKER, and DENNIS, Circuit Judges.
PER CURIAM:*
Eric Wallace Koehl, Texas prisoner # 661873, appeals
following the dismissal of his application for a writ of habeas
corpus under 28 U.S.C. § 2254 for failure to exhaust state
remedies and the grant of a certificate of appealability by the
district court. The respondent concedes that, by virtue of a
decision by the Texas Court of Criminal Appeals, Koehl exhausted
the claims presented in his state application for a writ of
habeas corpus during the pendency of proceedings in the district

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No. 01-20962
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court. Koehl was therefore entitled to consideration of his 28
U.S.C. § 2254 application insofar as it presented exhausted
claims. See Bufalino v. Reno, 613 F.2d 568, 571 (5th Cir. 1980).
Accordingly, we VACATE the judgment of the district court and
REMAND for further proceedings.
Koehl has filed a motion seeking federal protection based on
an alleged deprivation of food, and in his reply brief Koehl
requested federal protection following an alleged beating by a
prison officer. A prisoner may not seek redress for allegedly
unconstitutional “conditions of confinement” in a habeas corpus
proceeding. See Cook v. Texas Dep’t. of Criminal Justice
Transitional Planning Dept., 37 F.3d 166, 168 (5th Cir. 1994).
The motion is DENIED. To the extent that Koehl seeks appointment
of counsel, a change of venue, and unconditional release by way
of his reply brief, his requests are hereby DENIED.
VACATED AND REMANDED; MOTION DENIED.

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