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THOMAS v. SCOTT

No. 94-20344 Summary Calendar.

47 F.3d 713 (1995)

Richard Earl THOMAS, Petitioner-Appellant, v. Wayne SCOTT, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

March 3, 1995.

Attorney(s) appearing for the Case

Richard Earl Thomas, pro se.

Elizabeth Elleson, Asst. Atty. Gen., Dan Morales, Atty. Gen., Austin, TX, for appellee.

Before GARWOOD, HIGGINBOTHAM and DAVIS, Circuit Judges.

GARWOOD, Circuit Judge:

Petitioner-appellant Richard Earl Thomas (Thomas) brought the instant habeas corpus petition under 28 U.S.C. § 2254, pro se, challenging his Texas conviction and incarceration for the felony offense of unauthorized use of a motor vehicle, with punishment enhanced by two prior felonies. He was allowed to proceed in forma pauperis. After the state filed its answer and motion for summary judgment, Thomas filed a motion for appointment...

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