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FITZPATRICK v. PROCUNIER

No. 84-1225 Summary Calendar.

750 F.2d 473 (1985)

Cornell FITZPATRICK, Petitioner-Appellant, v. Raymond K. PROCUNIER, Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

January 17, 1985.

Attorney(s) appearing for the Case

Cornell Fitzpatrick, pro se.

Jim Mattox, Atty. Gen., Renee Y. Smith, Daniel Zemann, Jr., Austin, Tex., for respondent-appellee.

Before REAVLEY, POLITZ and HIGGINBOTHAM, Circuit Judges.

POLITZ, Circuit Judge:

Cornell Fitzpatrick was convicted by a Texas state jury of possession of heroin, the conviction was affirmed by the Court of Appeals for the Second Supreme Judicial District, 632 S.W.2d 935 (Tex.App.1982), and discretionary review was denied by the Texas Court of Criminal Appeals. He sought federal habeas relief complaining of an illegal arrest and seizure, destruction of evidence, failure to produce an informant...

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