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183 F. App'x 440

Roland v. Cain

U.S. Courts of Appeals

Decided May 30, 2006

U.S. Courts of Appeals · decided 2006-05-30

Applies 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996) · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))

Relies on United States v. Early

Decided 2006-05-30

PER CURIAM: *

¶1 George Roland, Jr., Louisiana prisoner # 121494, appeals from the district court’s denial of his “Motion and Order to Proceed with Petitioner’s Jury Demand Pursuant to FRCVP Rule 38 in Petitioner’s 42 U.S.C.A. § 1983 action.” Roland contends that he is entitled to proceed with the § 1983 action he filed with his 28 U.S.C. § 2254 petition in November 1990.

¶2 The record does not reflect that Roland filed a § 1983 action with his § 2254 petition in November 1990. The motion he appeals, which was filed 12 years after his first habeas proceeding concluded, is an unauthorized motion. See United States v. Early, 27 F.3d 140, 142 (5th Cir.1994). Accordingly, his appeal is dismissed for lack of jurisdiction. See id.

¶3 APPEAL DISMISSED; REQUEST FOR A “CERTIFICATE OF PROBABLE CAUSE” DENIED AS UNNECESSARY.

*

¶4 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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