JONES v. JOHNSON

No. 96-20832.

134 F.3d 309 (1998)

Clarence H. JONES, Jr., Petitioner-Appellant, v. Gary L. JOHNSON, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

January 28, 1998.


Attorney(s) appearing for the Case

Clarence H. Jones, Jr., Huntsville, TX, pro se.

Kristina Weber Silcocks, Austin, TX, for Respondent-Appellee.

Before JONES, SMITH and STEWART, Circuit Judges.


JERRY E. SMITH, Circuit Judge:

I.

In 1995, Clarence Jones, a Texas state inmate, filed a petition for writ of habeas corpus under 28 U.S.C. § 2254. On the basis of the magistrate judge's report and recommendation, and over Jones's objection, the district judge denied the petition. Jones filed a notice of appeal and moved for a certificate of probable cause ("CPC") to appeal and for permission to appeal in forma pauperis ("IFP"). The district...

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