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ALEXANDER v. JOHNSON

No. CIV.A. H-99-3441.

217 F.Supp.2d 780 (2001)

Darrell Eugene ALEXANDER, Petitioner, v. Gary L. JOHNSON, Director Texas Department of Criminal Justice, Institutional Division, Respondent.

United States District Court, S.D. Texas.

July 12, 2001.

Attorney(s) appearing for the Case

Brent Evan Newton, Assist. Fed. Pub. Defender, Houston, TX, Roland E. Dahlin, II, Fed. public Defender, Brownsville, TX, for petitioner.

Darrell Eugene Alexander, Beaumont, TX, pro se.

Brent Evan Newton, Assist. Fed. Pub. Defender, Houston, TX, Thomas M. Jones, Assist. Atty. Gen., Austin, TX, for respondent.

MEMORANDUM AND ORDER

CRONE, United States Magistrate Judge.

I. Introduction

Petitioner Darrell Eugene Alexander ("Alexander") challenges the 1995 revocation of his parole based on an unconstitutional state statute. Respondent Gary L. Johnson ("Johnson") contends that the petition is untimely and that no grounds exist for equitable tolling, that some of Alexander's claims are unexhausted, and that his underlying claims lack merit. After conducting...

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