CT Gen Life Ins Co v. Shaw ( 2003 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-41001
Summary Calendar
CONNECTICUT GENERAL LIFE INSURANCE COMPANY; LIFE INSURANCE COMPANY
OF NORTH AMERICA,
Plaintiffs,
versus
DESIREE ANN SHAW, ET AL,
Defendants,
DESIREE ANN SHAW,
Defendant-Appellant
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 9:98-CV-66
February 7, 2003
Before HIGGINBOTHAM, SMITH, and CLEMENT, Circuit Judges.
PER CURIAM:*
Desiree Ann Shaw is appealing the district court’s order
denying her motion to reinstate an administratively closed
interpleader action seeking the proper distribution of insurance
benefits due upon the death of Shaw’s husband, Eddie Royce Shaw,
*
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this opinion should not be published and is not precedent except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.
whom the appellant was convicted of murdering. Shaw asserts that
she possesses evidence that will establish her innocence and
entitle her to receive the insurance benefits. However, in the
absence of proof that her conviction has been vacated or set aside,
Shaw’s claims of actual innocence are not relevant to the district
court’s decision not to reinstate the administratively closed case.
Because Shaw has failed to demonstrate that the district court
abused its discretion in denying her motion to reinstate the
administratively closed case, the order is AFFIRMED.1
1
See McKnight v. Blanchard, 667 F.2d 477, 479 (5th Cir.
1982).
2