Jyles v. Ieyoub

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-30265
Summary Calendar
MICHAEL JYLES,
Petitioner-Appellant,
versus
RICHARD IEYOUB, Attorney General,
State of Louisiana; BURL CAIN, Warden,
Respondents-Appellees.
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Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 97-CV-2916-D
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August 28, 1998
Before EMILIO M. GARZA, DeMOSS, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Michael Jyles, Louisiana state prisoner #97428, appeals the
district court’s dismissal, without consideration of the merits,
of his successive 28 U.S.C. § 2254 petition asserting a claim of
an unconstitutional jury instruction on reasonable doubt. Jyles
argues that the claim is based on a new rule of constitutional
law made retroactive to cases on collateral review by the Supreme
Court. See 28 U.S.C. § 2244(b)(2)(A). Although we initially
granted Jyles leave to file his successive petition in district
*
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that this opinion should not be published and is not precedent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. 98-30265
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court, we have since held that the claim does not meet the
requirements of § 2244(b)(2)(A). In re Smith, 142 F.3d 832, 834-
36 (5th Cir. 1998).
AFFIRMED.