Willard v. Dretke

Opinion

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.

-------------------- Appeal from the United States District Court for the Northern District of Texas USDC No. 5:02-CV-111-C --------------------

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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