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PICKNEY v. CAIN

No. 02-30400.

337 F.3d 542 (2003)

Michael Wayne PICKNEY, Petitioner-Appellant, v. Burl CAIN, Warden, Louisiana State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

July 21, 2003.

Attorney(s) appearing for the Case

Michael Wayne Pickney, Angola, LA, pro se.

Alisa Ardoin Gothreaux, Opelousas, LA, for Respondent-Appellee.

Before DAVIS, HALL and EMILIO M. GARZA, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

Petitioner, Michael Wayne Pickney (Pickney), appeals the district court's denial of habeas corpus relief on his claim of deprivation of equal protection rights because the process of selecting his grand jury foreperson was racially discriminatory. We agree with the district court that this claim is procedurally defaulted and that Pickney failed to establish prejudice to overcome this default. Accordingly, we affirm the district court...

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