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United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS July 30, 2003 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk No. 02-40983 Summary Calendar RANDY GLENN CLARY, Plaintiff-Appellant, versus JAMES STROUD, Sheriff; UNIDENTIFIED KISSINGER; J. R. KISSINGER, Jailer; UNIDENTIFIED LANGLY, Jailer; UNIDENTIFIED HOWETH, Sergeant, Defendants-Appellees. -------------------- Appeal from the United States District Court for the Eastern District of Texas USDC No. 6:00-CV-96 -------------------- Before JOLLY, JONES and CLEMENT, Circuit Judges. PER CURIAM:* Randy Glenn Clary (TDCJ # 1073341) appeals the magistrate judge’s dismissal of his
42 U.S.C. § 1983complaint following a bench trial. We reject the appellees’ contention that the notice of appeal was timely only with respect to the denial of the motion for a new trial. Although it was not filed until later, Clary submitted his motion for a new trial within 10 days after the entry * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 02-40983 -2- of final judgment. See Houston v. Lack,
487 U.S. 266, 276 (1988). Accordingly, the time for filing the notice of appeal began to run from the disposal of the post-judgment motion. See Mangieri v. Clifton,
29 F.3d 1012, 1015 n.5 (5th Cir. 1994). We find no abuse of discretion in the denial of Clary’s motion for a continuance, or in the denial of his motion for the appointment of counsel. See Streber v. Hunter,
221 F.3d 701, 736 (5th Cir. 2000); Ulmer v. Chancellor,
691 F.2d 209, 212 (5th Cir. 1982). The magistrate judge did not exclude relevant testimony or improperly participate in the trial. Nor did the magistrate judge abuse his discretion in denying the motion for a new trial. Streber,
221 F.3d at 736. AFFIRMED.
Document Info
Docket Number: 02-40983
Citation Numbers: 71 F. App'x 307
Judges: Clement, Curlam, Jolly, Jones
Filed Date: 7/30/2003
Precedential Status: Non-Precedential
Modified Date: 8/1/2023