Nasim vs. Fuselier, (5th Cir. 2000)

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IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 99-31183

Conference Calendar

GHULAM MOHAMMED NASIM,

Plaintiff-Appellant,

versus

CHARLES A. FUSELIER, Individually and in his official capacity;

TODD LOUVIERE, Warden, Individually and in his official capacity;

MAJORIE ALLEMOND, Individually and in her official capacity;

SAMONE ALEX, Individually and in her official capacity; KEW

LEDET, Individually and in his official capacity; R. JENKINS,

Individually and in his official capacity; DONNA BROUSSARD,

Individually and in her official capacity,

Defendants-Appellees.

Appeal from the United States District Court

for the Western District of Louisiana

USDC No. 99-CV-579

June 14, 2000

Before JOLLY, DAVIS, and STEWART, Circuit Judges.

PER CURIAM:* Immigration and Naturalization Service (INS) detainee Ghulam Mohammed Nasim (# 57187) moves this court for appointment of appellate counsel. The motion is DENIED. Nasim appeals the district court's dismissal of his 42 U.S.C. § 1983 suit as time- barred, but he implicitly concedes that his complaint was not filed within the applicable one-year limitation period. See Owens v. Okure,488 U.S. 235, 243-48 (1989); Elzy v. Roberson, 868 F.2d 793, 794-95 (5th Cir. 1989); LA. CIV. CODE ANN. art. 3492 (West 2000). We find no merit to Nasim's argument that his claims should be deemed to relate back to a prior lawsuit.

Accordingly, the dismissal of the complaint is AFFIRMED.

AFFIRMED; MOTION FOR COUNSEL DENIED. MOTION TO STAY FURTHER PROCEEDINGS IN THIS COURT IS MOOT IN LIGHT OF THE OPINION.

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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

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