USA v. Thaddeus Richardson

Filing

UNPUBLISHED OPINION ORDER FILED. [16-31257 Dismissed as Frivolous] Judge: JES , Judge: JLW , Judge: CH. Mandate pull date is 11/30/2017; denying motion to proceed IFP filed by Appellant Mr. Thaddeus Richardson [8433467-2]; denying motion for certificate of appealability filed by Appellant Mr. Thaddeus Richardson [8433464-2] [16-31257]

Case: 16-31257

Document: 00514188171

Page: 1

Date Filed: 10/09/2017

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 16-31257

United States Court of Appeals
Fifth Circuit

FILED
October 9, 2017
Lyle W. Cayce
Clerk

UNITED STATES OF AMERICA,
Plaintiff−Appellee,
versus
THADDEUS RICHARDSON,
Defendant−Appellant.

Appeal from the United States District Court
for the Eastern District of Louisiana
No. 2:14-CV-1375

Before SMITH, WIENER, and HAYNES, Circuit Judges.
PER CURIAM: *
Thaddeus Richardson, federal prisoner #32639-034, was convicted of

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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

Case: 16-31257

Document: 00514188171

Page: 2

Date Filed: 10/09/2017

No. 16-31257
possession with intent to distribute a mixture or substance containing a detectable amount of heroin and possession of firearms in furtherance of a drug trafficking crime. He seeks a certificate of appealability (“COA”) to appeal the
denial of a postjudgment motion for reconsideration of the denial of his
28 U.S.C. § 2255 motion. He request in forma pauperis (“IFP”) status on
appeal.
The postjudgment motion is construed as a motion made under Federal
Rule of Civil Procedure 60(b). See Harcon Barge Co. v. D & G Boat Rentals,
Inc., 784 F.2d 665, 667−68 (5th Cir. 1986) (en banc); FED. R. CIV. P. 60(b). In
his motion, Richardson, in an attempt to reopen the time limit for seeking relief
from this court, sought to have the district court reinstate its order of dismissal
of his § 2255 motion. Because the motion merely sought to reinstate appellate
jurisdiction, and did not constitute an attack on the district court’s resolution
of his claims on the merits or add a new ground for relief, a COA is unnecessary. See Gonzalez v. Crosby, 545 U.S. 524, 532−33 (2005); Dunn v.
Cockrell, 302 F.3d 491, 491−92 & n.1 (5th Cir. 2002).
Richardson’s case is therefore before this court on his motion to appeal
IFP, and this court’s inquiry “is limited to whether the appeal involves ‘legal
points arguable on their merits (and therefore not frivolous).’” Howard v. King,
707 F.2d 215, 220 (5th Cir. 1983) (citation omitted). The district court did not
abuse its discretion by denying Richardson’s motion. See Perez v. Stephens,
745 F.3d 174, 177−79 (5th Cir. 2014); Hernandez v. Thaler, 630 F.3d 420, 428
(5th Cir. 2011); Dunn, 302 F.3d at 492−93.
This appeal lacks arguable merit and is DISMISSED. See Howard,
707 F.2d at 220; 5TH CIR. R. 42.2. The motion for a COA is DENIED as
unnecessary. The motion to proceed IFP is DENIED.

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