Lawson v. Kelly

Opinion

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circum- stances set forth in 5TH CIR.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.