IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 96-40291
Summary Calendar
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OSCAR HOUSTON,
Petitioner-Appellant,
versus
MICHAEL WILSON, Senior Warden at the
Michael Unit, ET AL.,
Respondents-Appellees.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 6:95-CV-925
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July 12, 1996
Before HIGGINBOTHAM, SMITH and STEWART, Circuit Judges.
PER CURIAM:*
Oscar Houston, Texas inmate #577318, appeals the dismissal
of his habeas petition for failure to exhaust state habeas
remedies. Houston argues that the district court erred by
dismissing the petition for failure to exhaust and by failing to
sever his habeas claims from his 42 U.S.C. § 1983 claims.
Houston contends that several of the named respondents have
*
Pursuant to Local Rule 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that this opinion should not be published and is not precedent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 Local Rule
47.5.4.
No. 96-40291
-2-
retaliated against him for pursuing this case. We have carefully
reviewed the record and the appellate arguments. We conclude
that the district court did not abuse its discretion by
dismissing on exhaustion grounds. Houston's § 1983 retaliation
claim is not properly before this court because it was raised in
a postjudgment motion and Houston did not amend his notice of
appeal after the district court disposed of the postjudgment
motions. See Fed. R. App. P. 4(a)(4); Reeves v. Collins, 27 F.3d
174, 177 (5th Cir. 1994).
All pending motions are DENIED.
AFFIRMED.