Evans v. Cockrell

* 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that this opinion should not be published and is not precedent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
July 9, 2003
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 03-20265
Summary Calendar
WILLIAM MCKINNELY EVANS,
Petitioner-Appellant,
versus
JANIE COCKRELL, DIRECTOR,
TEXAS DEPARTMENT OF CRIMINAL JUSTICE,
INSTITUTIONAL DIVISION,
Respondent-Appellee.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-00-CV-345
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Before HIGGINBOTHAM, SMITH and CLEMENT, Circuit Judges.
PER CURIAM:*
William McKinnley Evans, Texas prisoner No. 554193, requests
that this court appoint counsel to represent him on appeal. The
motion for appointment of counsel is DENIED. Evans seeks a
certificate of appealability (COA) to appeal the district court’s
denial of a motion seeking his immediate release. It is not
necessary for Evans to obtain a COA in order to appeal. Evans’

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No. 03-20265
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motion is based on his misinterpretation of an order issued in
his federal habeas corpus proceeding, but the motion does not
directly challenge the constitutionality of his conviction and
sentence. 28 U.S.C. § 2253(c).
Consequently, the motion for appointment of counsel is
DENIED, the motion for COA is DENIED AS UNNECESSARY, and the
decision of the district court is AFFIRMED.

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