Wade v. Dretke ( 2005 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT April 20, 2005
Charles R. Fulbruge III
Clerk
No. 04-20738
Conference Calendar
ALEX MELVIN WADE, JR.,
Petitioner-Appellant,
versus
DOUG DRETKE, DIRECTOR,
TEXAS DEPARTMENT OF CRIMINAL JUSTICE,
CORRECTIONAL INSTITUTIONS DIVISION,
Respondent-Appellee.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:02-CV-2828
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Before JONES, SMITH, and PRADO, Circuit Judges.
PER CURIAM:*
Alex Melvin Wade, Jr., challenged his forgery conviction in
a 28 U.S.C. § 2254 petition. He requests a certificate of
appealability (COA) to appeal the denial of his FED. R. CIV. P.
60(b) motions, which alleged that Wade did not receive timely
notice of the order dismissing his 28 U.S.C. § 2254 petition as
untimely. A COA is not required in this appeal. See Dunn v.
Cockrell, 302 F.3d 491, 492 (5th Cir. 2002).
*
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this opinion should not be published and is not precedent except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. 04-20738
-2-
Wade contends that the district court’s judgment is void
pursuant to FED. R. CIV. P. 60(b)(4) because he did not receive
timely notice of the entry of judgment. He has not shown error
in the district court’s denial of relief. See Wilson v. Atwood
Group, 725 F.2d 255, 258 (5th Cir. 1984)(en banc); see also FED.
R. APP. P. 4(a)(6).
The district court’s denial of Wade’s FED. R. CIV. P. 60(b)
motions is AFFIRMED. Wade’s request for a COA is DENIED AS
UNNECESSARY.