Barker v. State of Mississippi, No. 06-60165 (5th Cir. 2007)

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United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT April 17, 2007 Charles R. Fulbruge III Clerk No. 06-60165 Conference Calendar WILLIE NORRIS BARKER, Plaintiff-Appellant, versus STATE OF MISSISSIPPI, Defendant-Appellee. -------------------Appeal from the United States District Court for the Northern District of Mississippi USDC No. 1:06-CV-10 -------------------Before HIGGINBOTHAM, BENAVIDES, and PRADO, Circuit Judges. PER CURIAM:* Former state prisoner Willie Norris Barker appeals the dismissal with prejudice of his pro se, in forma pauperis Independent Action as frivolous under 28 U.S.C. § 1915(e)(2)(B)(i). Barker s reliance on FED. R. CIV. P. 60(b) to challenge a prior conviction is misplaced. See Hess v. Cockrell, 281 F.3d 212, 216-17 (5th Cir. 2002); United States v. O Keefe, 169 F.3d 281, 289-90 (5th Cir. 1999). Furthermore, Barker did not raise a mental illness claim in the instant proceeding. Barker s appeal is frivolous. * See 5TH CIR. R. 42.2. 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 06-60165 -2APPEAL DISMISSED.

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