Ware v. Murphy

Opinion

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT _______________

No. 93-7740 Summary Calendar _______________

WILLIAM E. WARE,

Petitioner-Appellant,

VERSUS

J. STEWART MURPHY, Probation and Parole Board, et al.,

Respondents-Appellees.

_________________________

Appeal from the United States District Court for the Northern District of Mississippi (3:93-CV-89) _________________________

January 12, 1996

Before KING, SMITH, and BENAVIDES, Circuit Judges.

PER CURIAM:*

William Ware appeals the dismissal, as frivolous, of his

petition for federal habeas corpus relief. He argues that the

district court abused its discretion because he was denied due

process and the protections of the Ex Post Facto Clause when the

interval between his parole hearings was extended.

We have reviewed the record, the district court’s order of

* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. dismissal, and Ware’s contentions. Finding no reversible error, we

AFFIRM. See Sandin v. Conner, 115 S. Ct. 2293 (1995); Allison v.

Kyle, 66 F.3d 71 (5th Cir. 1995); Heck v. Humphrey, 114 S. Ct. 2364

(1994); Scales v. Mississippi State Parole Bd., 831 F.2d 565 (5th

Cir. 1987); Thomas v. Torres, 717 F.2d 248 (5th Cir. 1983), cert.

Denied, 465 U.S. 1010 (1984).