Thomas v. Cain

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _____________________ No. 95-30181 _____________________ WILLIE THOMAS, Petitioner-Appellant, versus BURL CAIN, Acting Warden, Respondent-Appellee. _________________________________________________________________ Appeal from the United States District Court for the Eastern District of Louisiana (CA-91-3961-J) _________________________________________________________________ December 22, 1995 Before JOLLY, WIENER, and EMILIO M. GARZA, Circuit Judges. PER CURIAM:* Petitioner-appellant Willie Thomas appeals the district court's dismissal with prejudice of his federal habeas petition. Having reviewed the record and the briefs of the parties, we AFFIRM the judgment of the district court for the reasons set out by the district court in its minute entry dated February 8, 1995. We emphasize that we do not decide the question whether misinformation concerning parole eligibility constitutes deficient performance of * Local Rule 47.5.1 provides: "The publication of opinions that merely decide particular cases on the basis of well-settled principles of law imposes needless expense on the public and burdens on the legal profession." Pursuant to that Rule, the court has determined that this opinion should not be published. counsel for the purpose of an ineffective assistance of counsel claim. A F F I R M E D. -2-