Dave v. Stalder

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 95-30893 Conference Calendar

GERARD DAVE,

Petitioner-Appellant,

versus

RICHARD L. STALDER, Warden; ATTORNEY GENERAL STATE OF LOUISIANA,

Respondents-Appellees.

- - - - - - - - - - Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 95-CV-752 - - - - - - - - - - June 25, 1996 Before HIGGINBOTHAM, BARKSDALE, and BENAVIDES, Circuit Judges.

PER CURIAM:*

Gerard Dave, Louisiana prisoner no. 92346, appeals the

dismissal of his habeas corpus petition as an abuse of the writ.

Dave contends that he showed cause for his failure to raise his

defective-jury-instruction contention in his previous habeas

petitions because Cage v. Louisiana, 498 U.S. 39 (1990), on which

he relies, was not decided until 1990, after he filed his

* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. No. 95-30893 -2-

previous petitions. We have reviewed the record and find no

reversible error. Accordingly, we affirm essentially for the

reasons stated by the district court. See Dave v. Stalder, No.

95-0752 (E.D. La. Aug. 18, 1995).

AFFIRMED.