Banks vs. Johnson (5th Cir. 2000)

Federal Circuits, 5th Cir. (July 07, 2000)

Docket number: 99-40794

Permanent Link: http://vlex.com/vid/banks-vs-johnson-18386236
Id. vLex: VLEX-18386236

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U.S. Court of Appeals for the 5th Cir. - William Prince Davis, Petitioner-Appellant, v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee., 158 F.3d 806 (5th Cir. 1998)

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .

R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 99-40794 Summary Calendar KEVIN DURANT BANKS, Plaintiff-Appellant, VERSUS GARY L. JOHNSON, DIRECTOR TEXAS DEPARTMENT OF CRIMINAL JUSTICE, INSTITUTIONAL DIVISION, Respondent-Appellee. Appeal from the United States District Court for the Southern District of Texas USDC No. G-97-CV-593 June 27, 2000 Before DAVIS, EMILIO M. GARZA, and DENNIS, Circuit Judges.

PER CURIAM: * Kevin Banks, Texas pris oner number 603713, appeals the district courtÂ’s dismissal of his habeas corpus petition. He argues that his plea was involuntary and his counsel was ineffective. The state-court decisions on these issues were grounded in its factual findings. Banks has failed to rebut these factual findings by clear and convincing evidence. See Davis v. Johnson , 158 F.3d 806, 812 (5th Cir. 1998), c ert. denied , 119 S. Ct. 1474 (1999). Consequently, the judgment of the district court is AFFIRMED.