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104 F. App'x 429

Johnson v. Cain

U.S. Courts of Appeals

Decided August 17, 2004

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U.S. Courts of Appeals · decided 2004-08-17

Applies 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)

Relies on Cheryl Hopwood · William Johnson v. Burl Cain Warden Louisiana State Penitentiary

Decided 2004-08-17

PER CURIAM: *

¶1 William S. Johnson, Louisiana prisoner no. 99104, is serving a life sentence for the 1978 murder of his mother. Johnson v. Cain, 215 F.3d 489 (5th Cir.2000). He appeals a district court’s final decision foreclosing consideration of claims raised in his 28 U.S.C. § 2254 application in 1997 but not addressed by the district court at that time. We have already determined that the claims need not be considered now because Johnson did not contemporaneously attempt to appeal the court’s failure to consider them. In re: Johnson, No. 02-30895 (5th Cir. Dec. 5, 2002) (unpublished). Johnson does not show that our prior decision is clearly erroneous or would work a manifest injustice such that the “law of the case” doctrine does not apply. See Hopwood v. Texas, 236 F.3d 256, 272-73 (5th Cir.2000). Nonetheless, we have considered Johnson’s unaddressed claims and find no merit in them.

¶2 The decision of the district court is

¶3 AFFIRMED.

*

¶4 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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