DELONEY v. ESTELLE

No. 81-1289.

661 F.2d 1061 (1981)

Clifford Ray DELONEY, Petitioner-Appellant, v. W. J. ESTELLE, Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

November 20, 1981.


Attorney(s) appearing for the Case

Clifford R. Deloney, pro se.

Mark White, Atty. Gen., Austin, Tex., for respondent-appellee.

Before GEE, GARZA and TATE, Circuit Judges.


GARZA, Circuit Judge:

Clifford Deloney, a Texas state prisoner serving a life sentence, has moved for appointment of counsel in order that he may effectively pursue an appeal of the district court's denial of his application for habeas corpus relief. In denying that motion and appellate review, we find that although his notice of appeal had been timely filed, Deloney had waived his right to appeal by failing to object to the findings, conclusions and recommendation...

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