Sanchez v. Johnson, et al

* 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that this opinion should not be published and is not precedent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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-10287
Conference Calendar
RAMON SANCHEZ, JR.,
Plaintiff-Appellant,
versus
JANIE COCKRELL, Director, Texas Department of Criminal
Justice, Institutional Division; JOHN GILBERT; RANDY MCLEOD;
JOE DOMINGUES; WILLIAM WALKER; BRAD FRANKLIN; MICHAEL
SAVERS; ELBERT HAMPTON; VINCENT LAW; LUPE JALOMO; DAISHA
SIMMONS; MICHAEL DOOLEY; JAMES GAMBRELL; ERNEST HAUSER;
BRADLEY LEWIS; WILLIAM SWART,
Defendants-Appellees.
--------------------
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 2:99-CV-402-J
--------------------
October 26, 2001
Before WIENER, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM:*
Ramon Sanchez, Jr., Texas prisoner # 739788, proceeding pro
se and in forma pauperis (IFP), appeals the district court's
denial of his motion to reinstate or to allow out-of-time appeals
in appeals numbered 00-10707, 00-10840, 0010841, 00-10916, which
the Clerk of this court dismissed for want of prosecution,
failure to pay the docketing fee. The district court construed

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No. 01-10287
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the motion as a motion to reopen the time to file an appeal,
pursuant to Fed. R. App. P. 4(a)(6), and denied it.
The district court did not abuse its discretion in denying
the motion to reopen the time to appeal. See In re Jones, 970
F.2d 36, 39 (5th Cir. 1992). The district court's denial of
appellant's motion to reopen the time to appeal is AFFIRMED. The
appeal is DISMISSED as frivolous. 5TH CIR. R. 42.2.
AFFIRMED; APPEAL DISMISSED AS FRIVOLOUS.

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