IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-60330
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
DEXTER CONROD,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Mississippi
USDC No. 3:94-CV-113
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December 15, 1997
Before DUHE’, DeMOSS and DENNIS, Circuit Judges.
PER CURIAM:*
Dexter Conrod, federal prisoner # 09532-043, seeks to appeal
the denial of his 28 U.S.C. § 2255 motion to vacate, set aside,
or correct his sentence, the denial of his motion to amend his
§ 2255, the denial of his “Motion for Relief from Judgment Under
Rule 60(b) (“Rule 60(b) motion”), and the denial of his motion
entitled “The Petitioner’s Request for Reconsideration Pro-Se.”
He has filed a motion for leave to proceed in forma pauperis
*
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that this opinion should not be published and is not precedent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. 96-60330
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(IFP) on appeal and also requests the appointment of appellate
counsel.
Conrod timely appealed only from the district court’s denial
of his motion to amend his § 2255 motion and his Rule 60(b)
motion. Fed. R. App. P. 4(a). The district court did not abuse
its discretion in denying the motion to amend and the Rule 60(b)
motion. Carimi v. Royal Carribean Cruise Line, Inc., 959 F.2d
1344, 1345 (5th Cir. 1992); Briddle v. Scott, 63 F.3d 364, 379
(5th Cir. 1995). Because Conrod has not demonstrated that he
will present a nonfrivolous issue on appeal, the motion for IFP
is DENIED. Conrod’s request for the appointment of counsel is
also DENIED. Because the appeal is frivolous, it is DISMISSED.
See Howard v. King, 707 F.2d 215, 219-20 (5th Cir. 1983); 5th
Cir. R. 42.2.
APPEAL DISMISSED. MOTIONS DENIED.