NEWBY v. JOHNSON

No. 95-50364.

81 F.3d 567 (1996)

Billy NEWBY, Petitioner-Appellant, v. Gary L. JOHNSON, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

April 29, 1996.


Attorney(s) appearing for the Case

Billy Newby, Gatesville, TX, pro se.

Douglas A. Danzeiser, Dan Morales, Attorney General, Office of the Attorney General for the State of Texas, Austin, TX, for respondent-appellee.

Before JOLLY, JONES and BENAVIDES, Circuit Judges.


PER CURIAM:

The appellant, Billy Newby, appeals from the order of the district court dismissing as frivolous his petition for writ of habeas corpus. The only worthy issue in this appeal is whether a certificate of probable cause ("CPC") is required under 28 U.S.C. § 2253 when the petitioner seeks relief from an order of the state pardon and parole board and not directly from a state court judgment of conviction. Construing Newby's notice of appeal as a request...

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