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MARTINEZ v. TEXAS COURT OF CRIMINAL APPEALS

No. 02-40755.

292 F.3d 417 (2002)

Johnny Joe MARTINEZ; Gary Etheridge; Napoleon Beazley, Plaintiffs-Appellants, v. THE TEXAS COURT OF CRIMINAL APPEALS; Sharon Keller, Presiding Judge; Lawrence E. Meyers, Michael Keasler, Tom Price, Barbara Hervey, Paul Womack, Charles Holcolm, Cheryl Johnson, Cathy Cochran, Associate Judges, Texas Court of Criminal Appeals; and Janie Cockrell, Director, Institutional Division, Texas Department of Criminal Justice, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

May 21, 2002.

Attorney(s) appearing for the Case

David R. Dow, University of Houston Law Center, Houston, TX, for Plaintiffs-Appellants.

James William Marcus, Texas Defender Service, Houston, TX, for Gary Wayne Etheridge.

David L. Botsford, Law Office of David L. Botsford, Austin, TX, for Napolean Beazley.

Gena Blount Bunn, Asst. Atty. Gen., Austin, TX, for Defendants-Appellees.

Before KING, Chief Judge, and JONES and STEWART, Circuit Judges.

KING, Chief Judge:

Plaintiffs-Appellants Johnny Joe Martinez, Gary Etheridge, and Napoleon Beazley challenge the district court's judgment dismissing, for lack of jurisdiction, their complaint alleging claims under 42 U.S.C. § 1983. For the following reasons, we AFFIRM the judgment of the district court. Due to the exigencies of time, we construe this appeal alternatively as an application for permission to file a successive habeas corpus petition, which we DENY...

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