IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-31058
Summary Calendar
ELI J. GUILLORY,
Petitioner-Appellant,
versus
BURL CAIN, Warden, Louisiana
State Penitentiary,
Respondent-Appellee.
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Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 97-CV-2342
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March 30, 1999
Before HIGGINBOTHAM, JONES, and DENNIS, Circuit Judges.
PER CURIAM:*
Eli J. Guillory, Louisiana state prisoner #89473, moves for
leave to appeal in forma pauperis (IFP). Although we initially
granted Guillory leave to file his successive 28 U.S.C. § 2254
application in district court, we have since held that his claim
of an unconstitutional jury instruction on reasonable doubt does
not meet the requirements of 28 U.S.C. § 2244(b)(2)(A). See in
re Smith, 142 F.3d 832, 834-36 (5th Cir. 1998). Accordingly, the
appeal is DISMISSED. Guillory’s IFP motion is DENIED as moot.
*
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that this opinion should not be published and is not precedent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.