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RODRIGUEZ v. JOHNSON

No. 95-40920.

104 F.3d 694 (1997)

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

United States Court of Appeals, Fifth Circuit.

Rehearing Denied February 19, 1997.

Attorney(s) appearing for the Case

Raul Rodriguez, Beeville, TX, pro se.

Tommy Lee Skaggs, Asst. Atty. Gen., Office of the Attorney General for the State of Texas, Austin, TX, for respondent-appellee.

Before GARWOOD, BARKSDALE and DENNIS, Circuit Judges.

GARWOOD, Circuit Judge:

Raul Rodriguez (Rodriguez), currently confined in the Texas Department of Criminal Justice, McConnell Unit, filed this his third federal habeas corpus petition in the United States District Court for the Southern District of Texas pursuant to 28 U.S.C. § 2254. The district court dismissed his petition as an abuse of the writ. Rodriguez appeals. We affirm.

Facts and Proceedings Below

On the evening of February 24...

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