IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 96-60261
Summary Calendar
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CLYDE ASHLEY, JR.,
Petitioner-Appellant,
versus
CHRISTINE HOUSTON, MIKE MOORE,
RAYMOND ROBERTS, EDDIE LUCAS,
COMMISSIONER, MISSISSIPPI
DEPARTMENT OF CORRECTIONS,
Respondents-Appellees.
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Appeal from the United States District Court
for the Northern District of Mississippi
USDC No. 4:94CV178-D-0
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September 20, 1996
Before JONES, DeMOSS AND PARKER, Circuit Judges.
PER CURIAM:*
Clyde Ashley, Jr., Mississippi prisoner # 47208, seeks to
appeal the denial of his Fed. R. Civ. P. 60(b) motion to reconsider
the judgment of the district court denying habeas corpus relief.
Any motion for an out-of-time appeal is unnecessary. Ashley’s
first notice of appeal was timely as to the January 31, 1995 Rule
60(b) order. The first appeal was dismissed as to the final
*
Pursuant to Local Rule 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opinion should not be published and is not precedent except under the limited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 Local Rule 47.5.4.
No. 96-60261
-2-
judgment only; we now address the appeal from the denial of the
Rule 60(b) motion.
Ashley argues that the disciplinary committee's failure to
hold a hearing within ten days of the disciplinary report violated
due process and that his earned time was confiscated without proper
authority. We have reviewed the record and the brief and found no
reversible error. We affirm for the reasons stated by the district
court. Ashley v. Houston et al., No. 4:94CV178-D-O (5th Cir. Jan.
31, 1995).
AFFIRMED.