Estelle v. Johnson

UNITED STATES COURT OF APPEALS For the Fifth Circuit ___________________________ No. 00-60325 ___________________________ RONALD ESTELLE, Petitioner-Appellant, VERSUS ROBERT L. JOHNSON COMMISSIONER, MISSISSIPPI DEPARTMENT OF CORRECTIONS Respondent-Appellee. ___________________________________________________ Appeal from the United States District Court for the Southern District of Mississippi, Southern Division 1:96-CV-159-GG ___________________________________________________ January 11, 2002 Before KING, Chief Judge, and HIGGINBOTHAM and DAVIS, Circuit Judges. PER CURIAM:1 After a thorough review of the record and the briefs of the parties, we agree with the district court that this 28 U.S.C. § 2254 habeas corpus petition is procedurally barred by MISS. CODE ANN. § 99-39-5(2). The district court judgment dismissing this petition is therefore 1 Pursuant to 5th Cir. R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4. AFFIRMED.