Allen v. Johnson

* 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that this opinion should not be published and is not precedent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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-10681
Summary Calendar
PATRICIA ANN ALLEN,
Plaintiff-Appellant,
versus
GARY L. JOHNSON, DIRECTOR, TEXAS DEPARTMENT
OF CRIMINAL JUSTICE, INSTITUTIONAL DIVISION,
Defendant-Appellee.
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Appeal from the United States District Court
for the Northern District of Texas
(98-CV-310-Y)
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March 14, 2000
Before POLITZ, WIENER, and PARKER, Circuit Judges.
PER CURIAM:*
Plaintiff-Appellant Patricia Allen appeals the district
court’s denial of her 28 U.S.C. § 2254 petition. The district
court did not err in denying the petition. The state court
adjudication of Allen’s claim was not a violation of “clearly
established Federal law, as determined by the Supreme Court of the
United States.” See Drinkard v. Johnson, 97 F.3d 751, 768 (5th
Cir. 1996); 28 U.S.C. § 2254(d)(1). The state court’s decision is
also not “so clearly incorrect that it would not be debatable among

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reasonable jurists." Drinkard, 97 F.3d at 769. Accordingly, the
judgment of the district court is
AFFIRMED.

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