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06-2125 - In Re: Diamond Craft

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06-2125 - In Re: Diamond Craft
October 31, 2008
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OPINION filed : This case is REMANDED to the district court with instructions that it conduct an evidentiary hearing to determine whether Craft authorized the Hammons Petition. If he did, the instant petition must be dismissed as successive. If he did not, the instant petition is not successive and the district court must address it on the merits; decision not for publication pursuant to local rule 28(g). Damon J. Keith, Circuit Judge; Gilbert S. Merritt, Circuit Judge, (AUTHORING) and Julia Smith Gibbons, Circuit Judge. [06-2125, 07-1033]