IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 97-30765 Summary Calendar

JOHN W. PATTON,

Petitioner-Appellant,

versus

TEXAS DEP’T OF CRIMINAL JUSTICE-ID; STATE OF LOUISIANA; RICHARD P. IEYOUB, Attorney General, State of Louisiana; ATTORNEY GENERAL, STATE OF TEXAS,

Respondents-Appellees.

- - - - - - - - - - Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 97-CV-304-C - - - - - - - - - - February 27, 1998 Before JONES, SMITH, and STEWART, Circuit Judges.

PER CURIAM:*

John Patton, Texas state prisoner #751103, 3BC-66, argues

that the district court erred in dismissing his

application for lack of subject- matter jurisdiction. Patton’s

motion to recuse has been construed as a motion to disqualify

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. No. 97-30765 -2-

Assistant District Attorney Terry Boudreaux from representing the

respondent on appeal and is DENIED.

We have reviewed the record and the briefs of the parties

and affirm the dismissal of Patton’s habeas application for lack

of subject-matter jurisdiction substantially for the reasons

adopted by the district court. See Patton v. Texas Dep’t of

Criminal Justice, No. 97-CV-304-C (E.D. La. June 25, 1997).

AFFIRMED.