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BREWER v. JOHNSON

No. 97-10059.

139 F.3d 491 (1998)

Brent Ray BREWER, Petitioner-Appellant, v. Gary L. JOHNSON, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

April 17, 1998.

Attorney(s) appearing for the Case

Peter Michael Fleury, Federal Public Defender's Office, Fort Worth, TX, for Brewer.

Gena A. Blount, Asst. Atty Gen., Austin, TX, for Respondent-Appellee.

Before SMITH, EMILIO M. GARZA and PARKER, Circuit Judges.

PER CURIAM:

Petitioner Brent Ray Brewer, a Texas prisoner under sentence of death, appeals the order lifting his stay of execution and dismissing his federal habeas corpus action. We affirm.

PROCEDURAL HISTORY

On June 30, 1995, Brewer filed a motion to stay his execution and requested that the court appoint counsel for the purpose of filing a petition for federal habeas corpus. The district court granted a stay of execution and appointed the Federal...

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