IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 02-40909 Summary Calendar

GEORGE ALLEN DAY,

Petitioner-Appellant,

versus

ERNEST CHANDLER, Warden,

Respondent-Appellee.

Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:02-CV-315

January 6, 2003

Before HIGGINBOTHAM, SMITH, and CLEMENT, Circuit Judges.

PER CURIAM:*

George Allen Day, federal prisoner # 19407-077, appeals the

district court’s denial of his

petition, in which

he argued that an illegal 1989 conviction for issuing false

cashier’s checks resulted in an improper denial of parole, as

repetitious. Day is correct that the petition in this case

challenges a different 1989 conviction than the one he attacks in

Cause No. 1:02-CV-266. However, Day is not entitled to relief. To

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. the extent that Day is challenging the 1989 cashier’s check

conviction rather than the denial of parole, he is not “in custody”

for the purposes of obtaining habeas relief.1 To the extent that

Day’s argument can be construed as a challenge to the parole

proceedings, the complaint in Cause No. 1:02-CV-266 constituted a

previous challenge to those proceedings; at the time it was filed

Day was aware of his claims regarding the 1989 cashiers’ check

conviction, and the current application would in fact be

successive.2

AFFIRMED.

1 Maleng v. Cook,

(1989). 2 Felker v. Turpin,

(1996); In re Cain,

(5th Cir. 1998).

2