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BROWN v. ESTELLE

No. 82-1194 Summary Calendar.

701 F.2d 494 (1983)

Perry James BROWN, Petitioner-Appellant, v. W.J. ESTELLE, Jr., Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

March 28, 1983.

Attorney(s) appearing for the Case

Sylvia Mandel, Staff Counsel for Inmates, T.D.C., Huntsville, Tex., for petitioner-appellant.

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

Before REAVLEY, GARWOOD and JOLLY, Circuit Judges.

PER CURIAM:

Perry James Brown has appealed from the district court's dismissal of his petition for habeas corpus relief without prejudice to his right, after exhaustion of his state remedies, to refile his petition in the district court. We affirm.

In 1974, Brown was convicted upon trial by jury of the felony offense of robbery with firearms in Criminal District Court No. 4 of Tarrant County, Texas. His punishment was fixed by the jury at sixty years imprisonment...

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