United States v. Lucious ( 2001 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-20101
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
LAMBERT R. LUCIOUS,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-92-CR-141-1
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August 23, 2001
Before KING, Chief Judge, and POLITZ and PARKER, Circuit Judges.
PER CURIAM:*
Lambert R. Lucious, federal prisoner # 02386-095, requests
leave to proceed in forma pauperis (IFP) in this appeal from the
district court’s denial of his motion for a copy of an amended
indictment. Because Lucious had no appeal or habeas petition
pending when he filed his motion, he is not entitled to a copy of
his indictment. Walker v. United States, 424 F.2d 278, 278-79
(5th Cir. 1970). Accordingly, because Lucious has not raised a
nonfrivolous issue, his appeal is DISMISSED and his request for
IFP is DENIED. See Fed. R. App. P. 24(a); Carson v. Polley, 689
*
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that this opinion should not be published and is not precedent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.
No. 01-20101
-2-
F.2d 562, 586 (5th Cir. 1982); United States v. Boutwell, 896
F.2d 884, 889-90 (5th Cir. 1990).
IFP DENIED. APPEAL DISMISSED.