Court of Appeals for the Fifth Circuit October 13, 1998, 97-10912 (Flanagan v. Johnson)

REVISED, October 13, 1998

UNITED STATES COURT OF APPEALS

For the Fifth Circuit

No. 97-10912

JAMES C. FLANAGAN,

Petitioner-Appellant,

VERSUS

GARY L. JOHNSON, DIRECTOR, TEXAS DEPARTMENT

OF CRIMINAL JUSTICE, INSTITUTIONAL DIVISION,

Respondent-Appellee.

Appeal from the United States District Court

For the Northern District of Texas

September 1, 1998

Before DeMOSS, PARKER, and DENNIS, Circuit Judges.