United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT June 24, 2003
Charles R. Fulbruge III
Clerk
No. 02-60887
Summary Calendar
NAZARETH GATES, Et Al.,
Plaintiffs,
versus
JOHN COLLIER, Et Al.,
Defendants.
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PHILLIP MARCUS CARTER,
Plaintiff-Appellant,
versus
ROBERT L. JOHNSON, COMMISSIONER, MISSISSIPPI
DEPARTMENT OF CORRECTIONS, Et Al.,
Defendants,
RAYMOND LANKFORD, Director Chaplaincy Services;
MAUD IRBY, Warden, Area III; R. L. RHODES,
Unit Administrator,
Defendants-Appellees.
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Appeal from the United States District Court
for the Northern District of Mississippi
USDC No. 01-CV-115-P-A
USDC No. 71-CV-6-JAD
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No. 02-60887
-2-
Before DAVIS, WIENER, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Phillip Marcus Carter, Mississippi prisoner # 04491, filed
the instant 42 U.S.C. § 1983 complaint against several employees
of the Mississippi Department of Corrections (MDOC) seeking
reinstatement of prayer services in his unit. The district court
dismissed his complaint with prejudice in a judgment entered on
May 20, 2002. Carter did not file his notice of appeal until
October 9, 2002. It was therefore untimely, and, as a result,
this court lacks jurisdiction over this appeal. FED. R. APP. P.
4(a)(1); Dison v. Whitley, 20 F.3d 185, 186 (5th Cir. 1994).
Carter’s postjudgment “motion for record and transcripts”
which he purports to have mailed on June 4, 2002, does not
qualify as a FED. R. CIV. P. 59(e) or 60(a) or (b) motion that
would have suspended the appeal period. See FED. R. APP. P.
4(a)(4)(A); Harcon Barge Co., Inc. v. D & G Boat Rentals, Inc.,
784 F.2d 665, 667-68 (5th Cir. 1986) (en banc); Huff v. Int’l
Longshoremen’s Ass’n, Local No. 24, 799 F.2d 1087, 1089-90 (5th
Cir. 1986).
APPEAL DISMISSED.
*
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that this opinion should not be published and is not precedent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.