James v. Cain ( 1997 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 96-30606
Summary Calendar
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RONNIE JAMES,
Petitioner-Appellant,
versus
BURL CAIN, Acting Warden,
Respondent-Appellee.
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Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 93-CV-389-M
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January 14, 1997
Before DAVIS, EMILIO M. GARZA and STEWART, Circuit Judges.
PER CURIAM:*
Ronnie James, a Louisiana prisoner (# 81438), appeals the
district court’s denial of his 28 U.S.C. § 2254 petition for a
writ of habeas corpus as an abuse of the writ. This court had
reversed and remanded James’ previous appeal of the denial of his
petition, directing the district court to determine: whether
*
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that this opinion should not be published and is not precedent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. 96-30606
-2-
James’ trial counsel had failed to inform James of parole
procedure when James pleaded guilty to second-degree murder in
1976; if so, whether this failure constituted ineffective
assistance of counsel; and whether in these circumstances James
would be prejudiced by having his petition dismissed as an abuse
of the writ. See James v. Cain, 56 F.3d 662 (5th Cir. 1995).
Because James cannot show prejudice as to his ineffective-
assistance claim, see Armstead v. Scott, 37 F.3d 202, 206, 210-11
(5th Cir. 1994), cert. denied, 115 S. Ct. 1709 (1995), the
district court did abuse its discretion in dismissing his
petition as an abuse of the writ.
AFFIRMED.