Allen v. Johnson

U.S. Court of Appeals for the Fifth Circuit

Allen v. Johnson

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 99-10681 Summary Calendar

PATRICIA ANN ALLEN,

Plaintiff-Appellant,

versus

GARY L. JOHNSON, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, INSTITUTIONAL DIVISION,

Defendant-Appellee.

-------------------- Appeal from the United States District Court for the Northern District of Texas (98-CV-310-Y) -------------------- March 14, 2000

Before POLITZ, WIENER, and PARKER, Circuit Judges.

PER CURIAM:*

Plaintiff-Appellant Patricia Allen appeals the district

court’s denial of her

28 U.S.C. § 2254

petition. The district

court did not err in denying the petition. The state court

adjudication of Allen’s claim was not a violation of “clearly

established Federal law, as determined by the Supreme Court of the

United States.” See Drinkard v. Johnson,

97 F.3d 751, 768

(5th

Cir. 1996);

28 U.S.C. § 2254

(d)(1). The state court’s decision is

also not “so clearly incorrect that it would not be debatable among

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. reasonable jurists." Drinkard,

97 F.3d at 769

. Accordingly, the

judgment of the district court is

AFFIRMED.

2

Reference

Status
Unpublished