Morgan v. Ford

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 96-40071 Conference Calendar

KELVIN B. MORGAN,

Plaintiff-Appellant,

versus

T. C. FORD, Dr. Coffield Unit; TDCJ-ID,

Defendants-Appellees.

- - - - - - - - - - Appeal from the United States District Court for the Eastern District of Texas USDC No. 6:93-CV-647 - - - - - - - - - - October 24, 1996 Before POLITZ, Chief Judge, and JOLLY and HIGGINBOTHAM, Circuit Judges.

PER CURIAM:*

Kelvin B. Morgan (#559701) appeals from the denial of his

postjudgment motion requesting relief pursuant to Fed. R. Civ. P.

60(b) based on excusable neglect for not filing a timely appeal.

Morgan argues that his failure to file a timely notice of appeal

was caused by excusable neglect. We have reviewed the record and

briefs of the parties and AFFIRM the magistrate judge’s denial

* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. No. - 2 -

because the magistrate judge did not abuse his discretion.

Morgan v. Ford, No. 6:93-CV-647 (Dec. 5, 1995).

AFFIRMED.