IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 96-20506

JAMES GLENN HUTSON, Petitioner-Appellant, versus JACK W. DIEKEN, Sheriff; ATTORNEY GENERAL OF THE STATE OF OKLAHOMA; GARY L. JOHNSON, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, INSTITUTIONAL DIVISION, Respondents-Appellees.

--------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. H-94-CV-1957 --------------------- April 16, 1997 Before DAVIS, EMILIO M. GARZA and STEWART, Circuit Judges.

PER CURIAM:* Appellant James Glenn Hutson, Texas prisoner # 633802, has appealed the district court’s denial of habeas corpus relief from an Oklahoma state felony detainer warrant.

* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4.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. 96-20506 - 2 - Appellee Gary L. Johnson has filed a motion to dismiss the appeal, on grounds that the detainer has been withdrawn and the Oklahoma indictment dismissed, for failure to comply with the speedy-trial requirements of the Interstate Agreement on Detainers Act. The motion is granted and the appeal is hereby dismissed. See Birdwell v. Skeen, 983 F.2d 1332, 1335-36 (5th Cir. 1993).

APPEAL DISMISSED.