IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
__________________
No. 95-30635
Conference Calendar
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MILTON L. SHUBBIE,
Plaintiff-Appellant,
versus
LOUISIANA BOARD OF PARDONS
& PAROLE,
Defendant-Appellee.
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Appeal from the United States District Court
for the Western District of Louisiana
USDC No. CA-95-0321
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(October 17, 1995)
Before POLITZ, Chief Judge, and REAVLEY and SMITH, Circuit Judges.
PER CURIAM:*
Milton L. Shubbie filed a federal petition for writ of
habeas corpus, 28 U.S.C. § 2254, which the district court
dismissed without prejudice for lack of subject matter
jurisdiction because he was no longer in custody. To the extent
that Shubbie alleged a civil rights violation, the district court
dismissed the complaint as barred by the applicable statute of
limitations.
*
Local Rule 47.5 provides: "The publication of opinions
that have no precedential value and merely decide particular
cases on the basis of well-settled principles of law imposes
needless expense on the public and burdens on the legal
profession." Pursuant to that Rule, the court has determined
that this opinion should not be published.
No. 95-30635
-2-
Shubbie has failed to raise or brief the statute of
limitations issue and, therefore, it is considered abandoned.
Evans v. City of Marlin, Tex., 986 F.2d 104, 106 n.1 (5th Cir.
1993). The appeal of his civil rights complaint is without
arguable merit and thus frivolous. Howard v. King, 707 F.2d 215,
219-20 (5th Cir. 1983). Because the appeal is frivolous, it is
DISMISSED. 5th Cir. R. 42.2.
Generally, a state petitioner must obtain a certificate of
probable cause (CPC) to appeal the dismissal of a § 2254
petition. Fed. R. App. P. 22(b). In Louisiana v. Merriman, No.
92-4222 (5th Cir. July 23, 1995), this court ordered that "the
Clerk is to accept no more appeals for or on behalf of [Milton L.
Shubbie] that challenge the length or basis of [his] state
custody. This is a sanction for appellant[]'s abuse of this
court's procedures." Therefore, to the extent that Shubbie is
challenging the basis of his state custody, he may not appeal the
district court's dismissal of the petition. The motion for CPC
is DENIED.
We bar Shubbie from filing any civil appeal in this court,
or any initial pleading in any court which is subject to this
court's jurisdiction, without the advance written permission of a
judge of the forum court or of this court. The clerk of this
court and the clerks of all federal district courts in this
circuit are ordered to return, unfiled, any attempted submission
inconsistent with this bar.