Willard v. Dretke ( 2004 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT July 26, 2004
Charles R. Fulbruge III
Clerk
No. 04-10399
Summary Calendar
BOBBY W. WILLARD,
Petitioner-Appellant,
versus
DOUG DRETKE, DIRECTOR, TEXAS
DEPARTMENT OF CRIMINAL JUSTICE,
CORRECTIONAL INSTITUTIONS DIVISION,
Respondent-Appellee.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 5:02-CV-111-C
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Before JONES, BARKSDALE, and PRADO, Circuit Judges.
PER CURIAM:*
Bobby W. Willard, Texas prisoner # 921559, requests a
certificate of appealability (“COA”) to appeal the denial of his
FED. R. CIV. P. 60(b) motion. By that motion, Willard sought to
reopen the case dismissing 28 U.S.C. § 2254 petition in order to
enable him to pursue an appeal after his original appeal was
dismissed for lack of jurisdiction.
*
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this opinion should not be published and is not precedent except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. 04-10399
-2-
Contrary to Willard’s assertion, a COA is not required. See
Dunn v. Cockrell, 302 F.3d 491, 492 (5th Cir. 2002), cert.
denied, 537 U.S. 1181 (2003). The COA request is therefore
DENIED AS UNNECESSARY. See id. The district court’s denial of
Willard’s FED. R. CIV. P. 60(b) motion is AFFIRMED. See id.COA DENIED AS UNNECESSARY; AFFIRMED.