Filed: Nov. 08, 2001
Latest Update: Mar. 02, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 01-20597 Summary Calendar ROY WILLIAMS, JR., Petitioner-Appellant, versus JANIE COCKRELL, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, INSTITUTIONAL DIVISION, Respondent-Appellee. - Appeal from the United States District Court for the Southern District of Texas USDC No. H-97-CV-1529 - November 6, 2001 Before HIGGINBOTHAM, WIENER, and BARKSDALE, Circuit Judges. PER CURIAM:* Roy Williams, Jr., Texas prisoner #609493, has applied fo
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 01-20597 Summary Calendar ROY WILLIAMS, JR., Petitioner-Appellant, versus JANIE COCKRELL, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, INSTITUTIONAL DIVISION, Respondent-Appellee. - Appeal from the United States District Court for the Southern District of Texas USDC No. H-97-CV-1529 - November 6, 2001 Before HIGGINBOTHAM, WIENER, and BARKSDALE, Circuit Judges. PER CURIAM:* Roy Williams, Jr., Texas prisoner #609493, has applied for..
More
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-20597
Summary Calendar
ROY WILLIAMS, JR.,
Petitioner-Appellant,
versus
JANIE COCKRELL, DIRECTOR,
TEXAS DEPARTMENT OF CRIMINAL JUSTICE,
INSTITUTIONAL DIVISION,
Respondent-Appellee.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-97-CV-1529
--------------------
November 6, 2001
Before HIGGINBOTHAM, WIENER, and BARKSDALE, Circuit Judges.
PER CURIAM:*
Roy Williams, Jr., Texas prisoner #609493, has applied for a
certificate of appealability to appeal an order denying his
postjudgment motion brought under Federal Rule of Civil Procedure
60(b) in the instant federal habeas proceedings. We notice, sua
sponte, that Williams’ notice of appeal, which asks the district
court to grant a hearing en banc and at one point seeks a ruling
on the merits of his Rule 60(b) claims, does not clearly evince
his intent to appeal. See Mosley v. Cozby,
813 F.2d 659, 660
*
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that this opinion should not be published and is not precedent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. 01-20597
-2-
(5th Cir. 1987)(stating that this court must examine the basis of
its jurisdiction on its own motion if necessary). Because
Williams’ notice of appeal does not clearly evince his intent to
appeal, it does not qualify as an effective notice of appeal.
See
id. Accordingly, his appeal is DISMISSED. See
id. at 661.