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SUMMERS v. DRETKE

No. 04-70017.

431 F.3d 861 (2005)

Gregory Lynn SUMMERS, Petitioner-Appellant, v. Doug DRETKE, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

December 2, 2005.

Attorney(s) appearing for the Case

Danalynn Recer, The Gulf Region Advocacy Center, Houston, TX, Clive A. Stafford-Smith, Louisiana Crisis Assistance Center, New Orleans, LA, for Petitioner-Appellant.

Carrie Elizabeth Parsons, Austin, TX, for Respondent-Appellee.

Before JONES, BENAVIDES and CLEMENT, Circuit Judges.

EDITH BROWN CLEMENT, Circuit Judge:

Petitioner-Appellant Gregory Lynn Summers ("Summers") appeals from the district court's denial of his application for a writ of habeas corpus. Summers also seeks a Certificate of Appealability ("COA") for claims not certified by the district court. Because Summers has failed to carry his burden in both, we affirm the judgment of the district court and deny Summers's application.

I. FACTS AND PROCEEDINGS

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