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GIBSON v. KLEVENHAGEN

No. 83-2428.

777 F.2d 1056 (1985)

Johnny Lynn GIBSON, Petitioner-Appellant, v. Johnny KLEVENHAGEN, Sheriff, Harris County, Texas, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

December 10, 1985.

Attorney(s) appearing for the Case

Judith Birk Baumgartner, Dallas, Tex. (Court-appointed), for petitioner-appellant.

Jim Mattox, Atty. Gen., Austin, Tex., Ray Elvin Speece, Asst. Dist. Atty., Houston, Tex., for respondent-appellee.

Before REAVLEY and E. GRADY JOLLY, Circuit Judges and MAHON, District Judge.

OPINION

MAHON, District Judge:

Johnny Lynn Gibson, a Florida state prisoner, appeals from the district court's denial of his petition for a writ of habeas corpus. See 28 U.S.C. § 2254. Gibson filed his petition on November 30, 1982, alleging that the state of Texas sometime prior to April 1981, placed a detainer in his prison file at Florida State prison where he was and is presently confined1 and thereafter failed...

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