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JOHNSON v. LUMPKIN

No. 22-70005.

74 F.4th 334 (2023)

Matthew JOHNSON, Petitioner-Appellant, v. Bobby LUMPKIN, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

FILED July 18, 2023.

Attorney(s) appearing for the Case

Jeffrey R. Newberry , David R. Dow , University of Houston, Law Center, Houston, TX, for Petitioner-Appellant.

Tomee Morgan Heining , Assistant Attorney General, Office of the Attorney General, Criminal Appeals Division, Austin, TX, Edward Larry Marshall , Office of the Attorney General, Financial Litigation & Charitable Trusts Division, Austin, TX, for Respondent-Appellee.

Before Elrod, Oldham, and Wilson, Circuit Judges.

Appellant Matthew Johnson files an application for a certificate of appealability and appeals the district court's denial of his motion to recuse. We DENY the application for a certificate of appealability and AFFIRM the district court's denial of the motion to recuse...

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