United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT October 14, 2004
Charles R. Fulbruge III
No. 03-21154 Clerk
Summary Calendar
COYETT DEON JOHNSON,
Plaintiff-Appellant,
versus
NEIL ADLER, Warden; GRONDOLSKI,
Associate Warden; NEAL; PORTER; GONZALEZ,
Defendants-Appellees.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-03-CV-1523
--------------------
Before WIENER, BENAVIDES, and STEWART, Circuit Judges.
PER CURIAM:*
Coyett Deon Johnson, federal prisoner # 07403-064, appeals
from the district court’s dismissal without prejudice of his
42 U.S.C. § 1983 civil rights complaint for want of prosecution.
Because Johnson’s motion filed with this court pursuant to
Rule 60(b) does not clearly evince an intent to appeal from the
district court’s dismissal order, this court does not have
jurisdiction to entertain this appeal. See Mosley v. Cozby, 813
F.2d 659, 660 (5th Cir. 1987). Because the clerk’s office
inadvertently docketed Johnson’s Rule 60(b) motion as a notice 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this opinion should not be published and is not precedent except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.
No. 03-21154
-2-
appeal, the district court’s jurisdictional impediment to ruling
on the motion is now removed. The appeal is DISMISSED FOR LACK
OF JURISDICTION. Appellant’s request for leave to file reply
brief out of time is DENIED.