IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

__________________

No. 96-30606 Summary Calendar __________________

RONNIE JAMES,

Petitioner-Appellant,

versus

BURL CAIN, Acting Warden,

Respondent-Appellee.

---------------------

Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 93-CV-389-M

----------------------

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

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* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4.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,

(5th Cir. 1995).

Because James cannot show prejudice as to his ineffective-

assistance claim, see Armstead v. Scott,

(5th Cir. 1994), cert. denied,

(1995), the

district court did abuse its discretion in dismissing his

petition as an abuse of the writ.

AFFIRMED.