UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-40054
Summary Calendar
ISAAC FRANKLIN, JR.,
Plaintiff - Appellant,
VERSUS
VICTOR RODRIQUEZ, Chairman, Board of Pardons and Parole; GERALD
GARRETT, Board Member; BRENDOLYN ROGERS GARDNER, Board Member; W.G.
“BILLY” WALKER, Board Member,
Defendants - Appellees.
Appeal from the United States District Court
For the Eastern District of Texas
(6:99-CV-83)
June 10, 2002
Before DeMOSS, PARKER, and DENNIS, Circuit Judges
*
PER CURIAM:
Isaac Franklin, Texas prisoner #557634, appeals from the
dismissal of his 42 U.S.C. § 1983 lawsuit and from the denial 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opinion should not be published and is not precedent except under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.
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his postjudgment motion seeking withdrawal of the district court’s
order requiring collection of the full filing fee. Franklin’s sole
argument regarding the district court’s dismissal was remedied upon
limited remand. Accordingly, the district court’s final judgment
is affirmed.
Franklin also challenges the district court’s denial of his
postjudgment motion for withdrawal of the collection order for
payment of the full filing fee. At the time of the challenged
denial, withdrawal of the collection order was no longer permitted,
despite the fact that Franklin voluntarily dismissed the instant
lawsuit. See Hatchet v. Nettles, 201 F.3d 651, 654 (5th Cir.
2000). The district court’s denial of Franklin’s postjudgment
motion was therefore not erroneous and is affirmed.
AFFIRMED.
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