Frank Garcia v. Rick Thaler, Director

Filing

Case: 10-70001

Document: 00511197389

Page: 1

Date Filed: 08/09/2010

IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED
N o . 10-70001 August 9, 2010 Lyle W. Cayce Clerk F R A N K MARTINEZ GARCIA, Petitioner - Appellant v. R IC K THALER, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, C O R R E C T I O N A L INSTITUTIONS DIVISION, Respondent - Appellee

A p p e a l from the United States District Court fo r the Western District of Texas U S D C No. 5:08-CV-62

B e fo r e HIGGINBOTHAM, CLEMENT, and SOUTHWICK, Circuit Judges. P E R CURIAM:* A fte r reviewing the record and the parties' submissions, we conclude that F r a n k Martinez Garcia has failed to make a substantial showing of the denial o f a constitutional right, and ­ for essentially the reasons stated by the district c o u r t ­ we deny his request for a certificate of appealability (COA) on all issues r a is e d therein. Judge Rodriguez's careful opinion explains why reasonable

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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

*

Case: 10-70001

Document: 00511197389 Page: 2 No. 10-70001

Date Filed: 08/09/2010

ju r is t s will not disagree. The issues presented do not merit encouragement to p r o c e e d further.1

1

See Miller-El v. Cockrell, 537 U.S. 322, 335­36 (2003).

2