The following published opinion was released by the U.S. Court of Appeals for the Fifth Circuit on April 23, 2008:

• Haynes v. Quarterman (Jolly, Dennis, Clement, JJ.; opinion by Dennis, J.). Granting habeas petitioner’s application for Certificate of Appealability (”COA”) as to Batson claims, but denying as to claims regarding ineffective assistance of counsel, exhaustion of unexhausted state court claims, and violation of due process due to bias of the state trial court. The Fifth Circuit holds that the district court does have the power to sua sponte dismiss a petition for habeas relief; that, despite whether the district court erred in failing to provide individualized consideration of a petitioner’s specific claims in effecting a sua sponte dismissal, FRAP 22(b)(1) does not require vacatur of such a dismissal but allows the Court of Appeals to continue in consideration of the petition; that the district court was correct in finding that the petitioner’s ineffective assistance claims were unexhausted and therefore procedurally barred from consideration in the federal court; that the district court did not abuse its discretion in failing to stay the habeas proceedings and hold them in abeyance pending the petitioner’s efforts to exhaust the IAC claims in state court; that reasonable jurists would find the petitioner’s Batson claims regarding the prosecution’s use of peremptory challenges to eliminate African-American potential jurors debatable, justifying the grant of a COA; and that the state trial judge’s harsh comments to the petitioner’s counsel did not constitute a constitutional violation.