U.S. Court of Appeals for the Fifth Circuit, 2000

Allen v. Johnson

Allen v. Johnson
U.S. Court of Appeals for the Fifth Circuit · Decided March 16, 2000

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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

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