UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_______________________
No. 97-10686
Summary Calendar
_______________________
MICHAEL JOHN WARREN,
Petitioner-Appellant,
versus
GARY L. JOHNSON, DIRECTOR,
TEXAS DEPARTMENT OF CRIMINAL JUSTICE,
INSTITUTIONAL DIVISION,
Respondent-Appellee.
_________________________________________________________________
Appeal from the United States District Court
for the Northern District of Texas
(4:96-CV-177-A)
_________________________________________________________________
August 27, 1998
Before HIGGINBOTHAM, JONES, and DENNIS, Circuit Judges.
PER CURIAM:*
We have carefully reviewed the briefs and the pertinent
state and federal court records. After doing this, we are
persuaded that the district court’s disposition of Warren’s § 2254
habeas petition should be affirmed on the basis articulated by the
district court. We agree with that court’s conclusion that the
Texas Court of Criminal Appeals ruled on the merits of petitioner’s
first habeas petition and, for that reason, the Court of Criminal
*
Pursuant to 5TH CIR. R. 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this opinion should not be published and is not precedent except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 5TH CIR. R. 47.5.4.
Appeals concluded that the second petition was an abuse of the
writ. The district court has no other issues before it, and
neither do we, as Warren never objected to the magistrate judge’s
ruling on the non-procedurally-based issues, and he has furnished
no briefing on any of these issues to this court.
2