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McGARY v. SCOTT

No. 93-1132.

27 F.3d 181 (1994)

William Ray McGARY, Petitioner-Appellant, v. Wayne SCOTT, Director, Texas Department of Criminal Justice, Institution Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

August 3, 1994.

Attorney(s) appearing for the Case

William Ray McGary, pro se.

Elizabeth Elleson, Asst. Atty. Gen., Dan Morales, Atty. Gen., Austin, TX, for appellee.

Before GOLDBERG, HIGGINBOTHAM, and EMILIO M. GARZA, Circuit Judges.

GOLDBERG, Circuit Judge:

William Ray McGary appeals the district court's dismissal of his second application for federal habeas corpus relief. In this application, McGary argued that he was unconstitutionally deprived of approximately 30 days of good time credit. Because we agree with the court below that McGary's second habeas application constitutes an abuse of the writ, we affirm the district court's judgment.

I. Facts and Proceedings Below

In...

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