IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-10249
JEFFREY HENRY CALDWELL,
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
(3:95-CV-0625)
February 18, 2000
Before HIGGINBOTHAM, WIENER, and BARKSDALE, Circuit Judges.
PER CURIAM:*
We grant the Certificate of Probable Cause, but affirm for
essentially the reasons stated by the magistrate judge and adopted
by the district court.
The court below refused to grant Caldwell’s request for leave
to amend his petition to assert a claim under Ford v. Wainwright,
477 U.S. 399, 106 S.Ct. 2595 (1986). Refusing leave to amend was
not error for the reason that the claim was premature. Texas has
recently provided a procedure for testing the competency of a
person to be executed. That procedure remains available to
*
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this opinion should not be published and is not precedent except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.
petitioner under Article 46.04, Texas Code of Criminal Procedure
(effective September 1, 1999).
AFFIRMED.
2