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Martinez v. Johnson

Court: Court of Appeals for the Fifth Circuit
Date filed: 1997-06-03
Citations: 117 F.3d 1417
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                  UNITED STATES COURT OF APPEALS
                       FOR THE FIFTH CIRCUIT

                       _____________________

                            No. 96-11375
                          Summary Calendar
                       _____________________

                      PAUL MENDOZA MARTINEZ,

                                               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-2547-T)
_________________________________________________________________
                           June 2, 1997
Before SMITH, DUHÉ, and BARKSDALE, Circuit Judges.

PER CURIAM:*

     Paul Mendoza Martinez, # 506900, appeals the district court’s

denial of his 28 U.S.C. § 2254 petition for a writ of habeas

corpus.   He argues that the parole commission improperly revoked

his parole by considering charges for which he had not waived his

right to a hearing.   The writ was properly denied for the reasons




     *
          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that this opinion should not be published and is not precedent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.
adopted by the district court. See Martinez v. Johnson, No. 95-CV-

2457-T (N.D. Tex., Oct. 10, 1996).

                                                      AFFIRMED




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