United States Court of Appeals
Fifth Circuit
FILED
IN THE UNITED STATES COURT OF APPEALS August 17, 2004
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 03-31126
Conference Calendar
WILLIAM S. JOHNSON,
Petitioner-Appellant,
versus
BURL CAIN, WARDEN, LOUISIANA STATE PENITENTIARY,
Respondent-Appellee.
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Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 97-CV-1338-A
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Before HIGGINBOTHAM, DAVIS, and PICKERING, Circuit Judges.
PER CURIAM:*
William S. Johnson, Louisiana prisoner no. 99104, is serving
a life sentence for the 1978 murder of his mother. Johnson v.
Cain, 215 F.3d 489 (5th Cir. 2000). He appeals a district
court’s final decision foreclosing consideration of claims raised
in his 28 U.S.C. § 2254 application in 1997 but not addressed by
the district court at that time. We have already determined that
the claims need not be considered now because Johnson did not
contemporaneously attempt to appeal the court’s failure 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this opinion should not be published and is not precedent except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.
No. 03-31126
-2-
consider them. In re: Johnson, No. 02-30895 (5th Cir. Dec. 5,
2002) (unpublished). Johnson does not show that our prior
decision is clearly erroneous or would work a manifest injustice
such that the “law of the case” doctrine does not apply. See
Hopwood v. Texas, 236 F.3d 256, 272-73 (5th Cir. 2000).
Nonetheless, we have considered Johnson’s unaddressed claims and
find no merit in them.
The decision of the district court is
AFFIRMED.