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VAUGHAN v. ESTELLE

No. 81-1302 Summary Calendar.

671 F.2d 152 (1982)

Carl Wayne VAUGHAN, Petitioner-Appellant, v. W. J. ESTELLE, Jr., Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

March 25, 1982.

Attorney(s) appearing for the Case

Carl Wayne Vaughan, pro se.

Brenda K. Smith, Asst. Atty. Gen., Austin, Tex., for respondent-appellee.

Before BROWN, POLITZ and WILLIAMS, Circuit Judges.

POLITZ, Circuit Judge:

Carl Wayne Vaughan appeals the dismissal of his second1 federal habeas corpus petition. The district court adopted the recommendations of the magistrate and dismissed the petition as an abuse of the writ, pursuant to the authority of Rule 9(b) of the Rules Governing Section 2254 Cases in the United States District Courts.2 Finding that the record before us does not support the conclusion...

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