Roland v. Cain, No. 05-30432 (5th Cir. 2006)

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United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT May 30, 2006 Charles R. Fulbruge III Clerk No. 05-30432 Summary Calendar GEORGE ROLAND, JR., Petitioner-Appellant, versus BURL CAIN, WARDEN, LOUISIANA STATE PENITENTIARY, Respondent-Appellee. -------------------Appeal from the United States District Court for the Western District of Louisiana USDC No. 5:90-CV-2502 -------------------Before JOLLY, DAVIS and OWEN, Circuit Judges. PER CURIAM:* 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. The record does not reflect that Roland filed a § 1983 action with his § 2254 petition in November 1990. * The motion he 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. No. 05-30432 -2appeals, which was filed 12 years after his first habeas proceeding concluded, is an unauthorized motion. States v. Early, 27 F.3d 140, 142 (5th Cir. 1994). his appeal is dismissed for lack of jurisdiction. See United Accordingly, See id. APPEAL DISMISSED; REQUEST FOR A CERTIFICATE OF PROBABLE CAUSE DENIED AS UNNECESSARY.

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