SMALLWOOD v. JOHNSON

No. 94-20642.

73 F.3d 1343 (1996)

Simon SMALLWOOD, Petitioner-Appellant, v. Gary JOHNSON, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

As Corrected January 25, 1996.


Attorney(s) appearing for the Case

Simon Smallwood, Huntsville, TX, pro se.

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

Before GARWOOD, DUHÉ and PARKER, Circuit Judges.


GARWOOD, Circuit Judge:

Petitioner-appellant Simon Smallwood (Smallwood) appeals the district court's grant of respondent-appellee's motion for summary judgment and dismissal of his habeas corpus petition under 28 U.S.C. Section 2254. We affirm.

Facts and Procedural Background

Smallwood was arrested exiting the Fiesta Mart grocery store at 5800 Lyons Avenue in Houston, Texas with three unpaid for packages of meat concealed on his person. This property...

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