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78 F. App'x 376

Reyna v. Ashcroft

U.S. Courts of Appeals

Decided October 20, 2003

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U.S. Courts of Appeals · decided 2003-10-20

Relies on Howard v. King · Travelers Insurance Company v. Liljeberg Enterprises Inc Travelers Insurance Company

Decided 2003-10-20

PER CURIAM. *

¶1 Andres Mares Reyna, Rebecca Reyna, Andres Montoya Reyna, and Elida Reyna (collectively, the Reynas) have appealed the district court’s denial of a Fed. R. Civ. P. 60(b) motion for relief from judgment. Because the Reynas filed an appeal from the challenged judgment prior to filing their Rule 60(b) motion and this court had not authorized the district court to grant Rule 60(b) relief, the district court lacked jurisdiction to grant the motion. Travelers Ins. Co. v. Liljeberg Enters., Inc., 38 F.3d 1404, 1408, n. 3 (5th Cir.1994).

¶2 This appeal is without arguable merit and we therefore dismiss it as frivolous. See 5th Cir. R. 42.2; Howard v. King, 707 F.2d 215, 219-20 (5th Cir.1983).

¶3 APPEAL DISMISSED.

*

¶4 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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