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DUNN v. COCKRELL

No. 02-40366.

302 F.3d 491 (2002)

Henry Earl DUNN, Petitioner-Appellant, v. Janie COCKRELL, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

August 15, 2002.

Attorney(s) appearing for the Case

Michael B. Charlton, Houston, TX, for Petitioner-Appellant.

Edward Larry Marshall, Austin, TX, for Respondent-Appellee.

Before DAVIS, BENAVIDES and STEWART, Circuit Judges.

PER CURIAM:

Petitioner, Henry Earl Dunn, appeals the district court's denial of his Rule 60(b) motion. Because we find that the district court correctly denied Dunn's motion, filed solely to allow Dunn a second chance to file a timely appeal, we affirm.

I.

Dunn was convicted of capital murder and sentenced to death by the State of Texas in September 1995. The Texas Court of Criminal Appeals affirmed in September...

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