Lawson v. Kelly ( 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                       September 21, 2006
    Charles R. Fulbruge III
    No. 05-61182                               Clerk
    Summary Calendar
    JAMES BERNARD LAWSON,
    Petitioner-Appellant,
    versus
    LAWRENCE KELLY, Superintendent,
    Respondent-Appellee.
    --------------------
    Appeal from the United States District Court
    for the Northern District of Mississippi
    No. 4:05-MC-4
    --------------------
    Before SMITH, WIENER, and OWEN, Circuit Judges.
    PER CURIAM:*
    James Lawson seeks a certificate of appealability (“COA”) to
    appeal the denial of his motions for recusal, for reconsideration,
    and to proceed in forma pauperis.        His 
    28 U.S.C. § 2254
     application
    was never filed.      The district court denied his request for per-
    mission to file the application and did not consider the § 2254
    application.     Accordingly,     the   motion    for   COA   is    DENIED     as
    *
    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    should not be published and is not precedent except under the limited circum-
    stances set forth in 5TH CIR. R. 47.5.4.
    No. 05-61182
    -2-
    unnecessary.
    Lawson’s motions for recusal, reconsideration, and leave to
    proceed in forma pauperis were unauthorized.     See United States v.
    Early, 
    27 F.3d 140
    , 142 (5th Cir. 1994).      Because he has appealed
    from the denial of unauthorized motions, see 
    id.,
     his appeal is
    DISMISSED for lack of jurisdiction.        His request to proceed in
    forma pauperis is DENIED.
    

Document Info

Docket Number: 05-61182

Filed Date: 9/21/2006

Precedential Status: Non-Precedential

Modified Date: 4/17/2021