Case: 12-40221 Document: 00512244006 Page: 1 Date Filed: 05/16/2013
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
May 16, 2013
No. 12-40221
Summary Calendar Lyle W. Cayce
Clerk
SOSTENES PEREZ-MORALES,
Petitioner-Appellant
v.
RICK THALER, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE,
CORRECTIONAL INSTITUTIONS DIVISION,
Respondent-Appellee
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:09-CV-138
Before JOLLY, DAVIS, and PRADO, Circuit Judges.
PER CURIAM:*
Sostenes Perez-Morales (Perez) seeks our authorization to proceed in
forma pauperis (IFP) in his appeal of the district court’s denial of his Federal
Rule of Civil Procedure 60(b) motion for relief from judgment. By his IFP motion
in this court, Perez questions the district court’s denial of IFP status and
certification that his appeal was not in good faith. See Baugh v. Taylor, 117 F.3d
197, 202 (5th Cir. 1997).
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
Case: 12-40221 Document: 00512244006 Page: 2 Date Filed: 05/16/2013
No. 12-40221
Perez contends that the district court abused its discretion when it
determined that he could not use Rule 60(b) to sidestep the requirements of
Federal Rule of Civil Procedure 77(d) and Federal Rule of Appellate Procedure
4(a)(6) in connection with his notice of appeal of the district court’s judgment
dismissing his petition under 28 U.S.C. § 2254. There is no arguable merit to
the contention that it was an abuse of discretion to deny Perez relief under Rule
60(b). See 28 U.S.C. § 2107(c); Bowles v. Russell, 551 U.S. 205, 213-15 (2007);
Dunn v. Cockrell, 302 F.3d 491, 492 (5th Cir. 2002). Consequently, we may
dismiss this frivolous appeal sua sponte. See Howard v. King, 707 F.2d 215, 220
(5th Cir. 1983); 5TH CIR. R. 42.2.
Perez’s IFP motion is DENIED, and the appeal is DISMISSED.
2