United States v. Reynolds ( 1997 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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Nos. 96-11426 & 97-10048
Summary Calendar
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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JEFFERY H. REYNOLDS, III,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:96-CR-3-H
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September 25, 1997
Before JONES, SMITH and STEWART, Circuit Judges.
PER CURIAM:*
Jeffery H. Reynolds, III, (federal prisoner #61306-080)
appeals the district court denial of his petitions for coram
nobis relief. As Reynolds is still in custody, the writ of error
coram nobis is not available to him. See United States v.
Morgan, 346 U.S. 502, 509 (1954); United States v. Drobny, 955
F.2d 990, 996 (5th Cir. 1992). As a writ of coram nobis was not
available to Reynolds, the district court did not err by denying
the relief requested. No further briefing is necessary. Clark
*
Pursuant to Local Rule 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that this opinion should not be published and is not precedent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 Local Rule
47.5.4.
Nos. 96-11426 & 97-10048
-2-
v. Williams, 693 F.2d 381, 382 (5th Cir. 1982) (the court may
dispose of the appeal on the merits on a motion for IFP).
Reynolds's appeals are without arguable merit and are DISMISSED
as frivolous. See Howard v. King, 707 F.2d 215, 219-20 (5th Cir.
1983); 5TH CIR. R. 42.2.
Reynolds's motion to withdraw his in forma pauperis
application in No. 96-11426 is GRANTED. All of Reynolds's other
pending motions are DENIED.
Reynolds has disregarded this court's caution not to make
frivolous filings. Consequently, Reynolds is BARRED from filing
any future civil appeals in this court, or any initial civil
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 be
directed to return to Reynolds, unfiled, any attempted submission
inconsistent with this bar.
MOTION TO WITHDRAW IFP APPLICATION IN 96-11426 GRANTED; ALL
OTHER MOTIONS DENIED; APPEALS DISMISSED; SANCTION IMPOSED.