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JOHNSON v. LUMPKIN

No. 22-70005.

76 F.4th 1037 (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 August 11, 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, 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.

The petition for rehearing en banc fails to identify a ground warranting review by the en banc court. Accordingly, the petition is DENIED. We briefly address the arguments presented in the petition, as well as the ethical concerns posed by counsel's behavior in this litigation.

* * *

Appellant Matthew Johnson...

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