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LACKEY v. JOHNSON

No. 96-50809.

116 F.3d 149 (1997)

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

United States Court of Appeals, Fifth Circuit.

June 26, 1997.

Attorney(s) appearing for the Case

Mitchell Lackey, Fort Stockton, TX, pro se.

Charles A. Palmer, Austin, TX, for Respondent-Appellee.

Before WISDOM, BENAVIDES and STEWART, Circuit Judges.

STEWART, Circuit Judge:

Mitchell Lackey was convicted on various charges stemming from the molestation of his four-year-old granddaughter. Lackey's conviction was affirmed by the Fourth Court of Appeals of Texas; Lackey did not appeal to the Texas Court of Criminal Appeals. Lackey did file an application for state habeas relief but that petition was denied. Lackey then filed a "Motion for Injunctive Relief" in federal district court, which the district judge interpreted...

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