Cleveland v. Fleming

Opinion

UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

_______________________ No. 98-50233 Summary Calendar _______________________

DANIEL CLEVELAND, Petitioner-Appellant, versus LESTER E. FLEMING, Warden, ET AL, Respondents, LESTER E. FLEMING, Warden, Respondent-Appellee. _________________________________________________________________ Appeal from the United States District Court for the Western District of Texas (A-97-CV-776) _________________________________________________________________ December 30, 1998 Before HIGGINBOTHAM, JONES, and DENNIS, Circuit Judges. PER CURIAM:* Having reviewed appellant’s brief in light of the record and applicable authorities; we affirm for essentially the same reasons contained in the magistrate judge’s report, as approved by the district court. AFFIRMED.

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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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