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SMITH v. McCOTTER

No. 86-2079.

787 F.2d 1013 (1986)

Allen SMITH, Jr., Petitioner-Appellant, v. O.L. McCOTTER, Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

April 21, 1986.

Attorney(s) appearing for the Case

Allen Smith, Jr., Rosharon, Tex., pro se.

Renee Y. Smith, Asst. Atty. Gen., William C. Zapalac, Ass't. Atty. Gen., Austin, Tex., for respondent-appellee.

Before POLITZ, GARWOOD, and JOLLY, Circuit Judges.

BY THE COURT:

IT IS ORDERED that respondent-appellee's motion to dismiss the appeal is GRANTED. There is no timely notice of appeal.

On October 31, 1984, the district court entered an order granting respondent-appellee's motion to dismiss petitioner-appellant's application for habeas corpus under 28 U.S.C. § 2254. The same day, the court entered a separate final judgment dismissing the petition. The judgment...

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