USA vs. Donalson (5th Cir. 2003)

Federal Circuits, Fifth Circuit (August 19, 2003)

Docket number: 03-20151


Permanent Link: http://vlex.com/vid/usa-vs-donalson-18406679
Id. vLex: VLEX-18406679

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* Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .

R. 47.5.4. United States Court of Appeals Fifth Circuit FILED August 20, 2003 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 03-20151 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus BARNEY JOE DONALSON, JR., also known as Damon Downs, Defendant-Appellant. Appeal from the United States District Court for the Southern District of Texas USDC No. H-93-CR-27-ALL Before JONES, WIENER, and BENAVIDES, Circuit Judges.

PER CURIAM: * Barney Joe Donalson, Jr., a/k/a Damon Downs, (“Donalson”), Texas prisoner # 423754, appeals the district court’s denial of his F ED . R. C RIM . P. 36 motion to correct his judgment of conviction for clerical error. In June 1995, this court sanctioned Donalson, who then used the name Damon Henry Downs, stating: Downs may file no initial pleading in this court or in any court subject to the jurisdiction of this court, except with the advance written permission of a judge of the forum court. Before filing any appeal or other action in this court, Downs shall submit to the clerk of this court a request for permission to file, together with the document that he proposes to file, which the clerk shall direct to an active judge of this court. In requesting the required permiss ion in this court or in any court in this circuit, Downs shall inform the court of the bar stated herein.

In re Downs , No. 95-50282 (5th Cir. June 27, 1995) (unpublished).

Donalson did not seek the permission specified in the foregoing opinion prior to filing the appeal of the district courtÂ’s order.

Accordingly, we dismiss the instant appeal as having been filed improvidently. APPEAL DISMISSED.

No. 03-20151

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