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MURPHY v. JOHNSON

No. 96-40987 Summary Calendar.

110 F.3d 10 (1997)

Franklin D. MURPHY, Petitioner-Appellant, v. Gary L. JOHNSON, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

March 27, 1997.

Attorney(s) appearing for the Case

Franklin Dealno Murphy, Tennessee Colony, TX, pro se.

Jeremy Tremayne Hartman, Office of the Attorney General of Texas, Austin, TX, for Respondent-Appellee.

Before SMITH, DUHÉ and BARKSDALE, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

Franklin Murphy, proceeding pro se and in forma pauperis, appeals the dismissal, for failure to exhaust state remedies, of his petition for writ of habeas corpus. Concluding that he has failed to make a substantial showing of the denial of a constitutional right, we deny him a certificate of appealability ("COA").

I.

In 1994, Murphy was convicted of auto theft and sentenced to life imprisonment on the...

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