USA v. Bates, No. 08-50638 (5th Cir. 2009)

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IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 08-50638 Summary Calendar July 14, 2009 Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. DARRELL LENARD BATES, Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 1:93-CR-181-1 Before JOLLY, BENAVIDES, and HAYNES, Circuit Judges. PER CURIAM:* Darrell Lenard Bates appeals the denial of an innominate pleading he filed in a criminal proceeding that has long been closed. The pleading did not concern the criminal case. Bates failed to identify any jurisdictional basis for his pleading, and he failed to make any coherent argument or to state any cognizable claim. Because his appeal fails to identify any legal basis for relief, * Pursuant to 5 TH C IR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR. R. 47.5.4. No. 08-50638 it is frivolous, see Howard v. King, 707 F.2d 215, 220 (5th Cir. 1983), and is DISMISSED. See 5 TH C IR. R. 42.2. All outstanding motions are DENIED. 2

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