Ragin v. Sparkman

* 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that this opinion should not be published and is not precedent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.
United States Court of Appeals
Fifth Circuit
F I L E D
June 19, 2003
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 03-60156
Summary Calendar
FRED RAGIN,
Petitioner-Appellant,
versus
EMMITT SPARKMAN,
Respondent-Appellee.
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Appeal from the United States District Court
for the Northern District of Mississippi
USDC No. 1:01-CV-446-D
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Before DAVIS, DEMOSS and BENAVIDES, Circuit Judges.
PER CURIAM:*
Fred Ragin, Mississippi state prisoner # R0136, requests a
certificate of appealability (COA) to appeal the denial of his
FED. R. CIV. P. 60(b) motion, which alleged that the district
court did not sign the order dismissing, as time-barred, Ragin’s
28 U.S.C. § 2254 petition. A COA is not required in this appeal.
See Dunn v. Cockrell, 302 F.3d 491, 492 (5th Cir. 2002), cert.
denied, 123 S. Ct. 1208 (2003).

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No. 03-60156
-2-
Contrary to Ragin’s argument, the district court’s order,
adopting the magistrate judge’s report and recommendation and
dismissing Ragin’s habeas petition, was signed and entered into
the district court record on February 20, 2002. Ragin has not
shown error in the district court’s denial of FED. R. CIV. P.
60(b) relief. See Wilson v. Atwood Group, 725 F.2d 255 (5th Cir.
1984) (en banc); see also FED. R. APP. P. 4(a)(6).
The district court’s denial of Ragin’s FED. R. CIV. P. 60(b)
motion is AFFIRMED. Ragin’s request for a COA is DENIED AS
UNNECESSARY. His motion for IFP also is DENIED.

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