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BLANKENSHIP v. JOHNSON

No. 95-40638.

118 F.3d 312 (1997)

Ricky BLANKENSHIP, Plaintiff-Appellant, v. Gary L. JOHNSON, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

July 17, 1997.

Attorney(s) appearing for the Case

Ricky Blankenship, New Boston, TX, pro se.

Janine R. Balacki, Austin, TX, for Respondent-Appellee.

Before WISDOM, SMITH and PARKER, Circuit Judges.

ON PETITION FOR REHEARING

JERRY E. SMITH, Circuit Judge:

Since the panel opinion was issued in this case, see Blankenship v. Johnson, 106 F.3d 1202 (5th Cir.1997), the Supreme Court has held §§ 101-106 of the Antiterrorism and Effective Death Penalty Act ("AEDPA") of 1996, Pub.L. No. 104-132, 110 Stat. 1214 (1996) (codified at 28 U.S.C. §§ 2244, 2253-2254), inapplicable to non-capital habeas...

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