Gates v. Cook

Opinion

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT June 24, 2003

Charles R. Fulbruge III Clerk No. 02-60887 Summary Calendar

NAZARETH GATES, Et Al.,

Plaintiffs,

versus

JOHN COLLIER, Et Al.,

Defendants.

--------------------------------------------

PHILLIP MARCUS CARTER,

Plaintiff-Appellant,

ROBERT L. JOHNSON, COMMISSIONER, MISSISSIPPI DEPARTMENT OF CORRECTIONS, Et Al.,

Defendants,

RAYMOND LANKFORD, Director Chaplaincy Services; MAUD IRBY, Warden, Area III; R. L. RHODES, Unit Administrator,

Defendants-Appellees.

-------------------- Appeal from the United States District Court for the Northern District of Mississippi USDC No. 01-CV-115-P-A USDC No. 71-CV-6-JAD -------------------- No. 02-60887 -2-

Before DAVIS, WIENER, and EMILIO M. GARZA, Circuit Judges.

PER CURIAM:*

Phillip Marcus Carter, Mississippi prisoner # 04491, filed

the instant 42 U.S.C. § 1983 complaint against several employees

of the Mississippi Department of Corrections (MDOC) seeking

reinstatement of prayer services in his unit. The district court

dismissed his complaint with prejudice in a judgment entered on

May 20, 2002. Carter did not file his notice of appeal until

October 9, 2002. It was therefore untimely, and, as a result,

this court lacks jurisdiction over this appeal. FED. R. APP. P.

4(a)(1); Dison v. Whitley, 20 F.3d 185, 186 (5th Cir. 1994).

Carter’s postjudgment “motion for record and transcripts”

which he purports to have mailed on June 4, 2002, does not

qualify as a FED. R. CIV. P. 59(e) or 60(a) or (b) motion that

would have suspended the appeal period. See FED. R. APP. P.

4(a)(4)(A); Harcon Barge Co., Inc. v. D & G Boat Rentals, Inc.,

784 F.2d 665, 667-68 (5th Cir. 1986) (en banc); Huff v. Int’l

Longshoremen’s Ass’n, Local No. 24, 799 F.2d 1087, 1089-90 (5th

Cir. 1986).

APPEAL DISMISSED.

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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