IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 01-41225 Summary Calendar

WILLIE LEE MCCOWIN

Plaintiff - Appellant

v.

CYNTHIA S KENT; JACK SKEEN, JR.; J B SMITH

Defendants - Appellees

-------------------- Appeal from the United States District Court for the Eastern District of Texas USDC No. 6:01-CV-287 -------------------- February 15, 2002 Before KING, Chief Judge, and HIGGINBOTHAM and BENAVIDES, Circuit Judges.

PER CURIAM:*

Willie Lee McCowin, Texas prisoner # 532699, appeals the

district court’s dismissal of his

action

pursuant to

(e)(2)(B)(i) and (ii). He challenges

the dismissal of his assertion that the defendants arbitrarily

denied him due process by failing to recommend him for clemency

to the Texas Board of Pardons and Parole.

McCowin does not have a liberty interest in the clemency

process. See Connecticut Bd. of Pardons v. Dumschat,

(1981). McCowin’s reliance upon Ohio Adult Parole

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 01-41225 -2-

Auth. v. Woodard,

(1998), is misplaced because he is

not facing a sentence of death. McCowin has failed to show that

the district court erred in dismissing his complaint. See Black

v. Warren,

(5th Cir. 1998). Consequently,

the judgment of the district court is AFFIRMED.