UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 96-40582
Summary Calendar
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RICHARD JAMES RANDLE,
Petitioner-Appellant,
versus
GARY L. JOHNSON, DIRECTOR,
TEXAS DEPARTMENT OF CRIMINAL
JUSTICE, INSTITUTIONAL DIVISION,
Respondent-Appellee.
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Appeal from the United States District Court
for the Eastern District of Texas
( 6:96-CV-246 )
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April 3, 1997
Before SMITH, DUHÉ, and BARKSDALE, Circuit Judges.
PER CURIAM:*
Richard Randle, Texas prisoner # 648432, appeals the district
court’s dismissal of his 28 U.S.C. § 2254 petition for abuse of the
writ. We hold for essentially the reasons stated by the magistrate
judge and adopted by the district court that Randle’s petition was
properly dismissed. Randle v. Johnson, No. 6:96cv246 (E.D. Tex.
Apr. 16 and May 10, 1996). Further, any error regarding the
district court’s failure to provide Randle with notice concerning
*
Pursuant to Local Rule 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in Local Rule
47.5.4.
the possible dismissal for abuse of the writ was harmless. See
Johnson v. McCotter, 803 F.2d 830, 833 (5th Cir. 1986).
The appellee’s motion for reconsideration of its motion to
dismiss is DENIED. See Else v. Johnson, ___ F.3d ___ (5th Cir.
Jan. 27, 1997, No. 96-40404) 1997 WL 8835, at *1. Randle’s motion
for appointment of counsel is also DENIED. See Schwander v.
Blackburn, 750 F.2d 494, 502 (5th Cir. 1985).
AFFIRMED