Hampton v. Johnson ( 2004 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 95-40470
Summary Calendar
JESSIE HAMPTON,
Petitioner-Appellant,
versus
GARY L. JOHNSON, DIRECTOR,
TEXAS DEPARTMENT OF CRIMINAL JUSTICE,
INSTITUTE DIVISION
Respondent-Appellee.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 6:94-CV-464
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May 21, 1997
Before DAVIS, EMILIO M. GARZA and STEWART, Circuit Judges.
PER CURIAM:*
Jessie Hampton, # 417856, appeals the district court’s
dismissal of his 28 U.S.C. § 2254 habeas petition based upon
abuse of the writ. Hampton has not shown that the district court
abused its discretion in determining that he had shown no cause
or prejudice with regard to issues he had raised in his previous
petition or in regard to issues that he could have raised. See
*
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that this opinion should not be published and is not precedent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. 95-40470
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Montoya v. Collins, 988 F.2d 11, 12 (5th Cir. 1993). Nor has
Hampton shown that the court erred in determining that denying
his petition would not result in a substantial miscarriage of
justice.
AFFIRMED; MOTION FOR APPOINTMENT OF COUNSEL DENIED.