Larry Joe White v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division, 1

DeMOSS, Circuit Judge:

Texas prisoner Larry Joe White appeals from the district court’s judgment denying White’s 28 U.S.C. § 2254 petition for writ of habeas corpus. White is before the Court pro se and in forma pauperis. White claims that trial counsel failed to inform him of his appellate rights, thereby depriving him of the right to appeal. White seeks permission to file an out-of-time appeal.

The district court relied upon state court fact findings that counsel did not fully inform White with respect to his appellate rights. The district court nonetheless denied relief because White had not…