                    UNITED STATES COURT OF APPEALS
                         FOR THE FIFTH CIRCUIT

                       _______________________
                            No. 98-50233
                          Summary Calendar
                       _______________________

DANIEL CLEVELAND,
                                                 Petitioner-Appellant,
                               versus
LESTER E. FLEMING, Warden, ET AL,
                                                          Respondents,
LESTER E. FLEMING, Warden,
                                               Respondent-Appellee.
_________________________________________________________________
            Appeal from the United States District Court
                  for the Western District of Texas
                            (A-97-CV-776)
_________________________________________________________________
                          December 30, 1998
Before HIGGINBOTHAM, JONES, and DENNIS, Circuit Judges.
PER CURIAM:*
          Having reviewed appellant’s brief in light of the record
and applicable authorities; we affirm for essentially the same reasons
contained in the magistrate judge’s report, as approved by the
district court.
          AFFIRMED.




    *
     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opinion should not be published and is not precedent except under the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.
