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AUSTIN v. McCOTTER

No. 84-1643. Summary Calendar.

764 F.2d 1142 (1985)

Gary Mal AUSTIN, Petitioner-Appellant, v. Lane McCOTTER, Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

July 8, 1985.

Attorney(s) appearing for the Case

Gary Mal Austin, pro se.

Jim Mattox, Atty. Gen., Paula C. Offenhauser, Austin, Tex., for respondent-appellee.

Before REAVLEY, POLITZ and HIGGINBOTHAM, Circuit Judges.

POLITZ, Circuit Judge:

Once again we review the dismissal of Gary Mal Austin's petition for federal habeas, 28 U.S.C. § 2254. We earlier remanded for an evidentiary hearing on a Brady claim, Austin v. McKaskle, 724 F.2d 1153 (5th Cir.1984). Reviewing this remand record against the backdrop of the state record, we find no merit in the Brady assignment; nor do we perceive any validity to a potential ineffective...

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