Wilson v. PMAC Union Planters, et al

* 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this opinion should not be published and is not precedent except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.
United States Court of Appeals
Fifth Circuit
F I L E D
October 21, 2004
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 04-20183
Conference Calendar
WESLEY R. WILSON,
Plaintiff-Appellant,
versus
PMAC, UNION PLANTERS BANK NA, its successors in interest
and/or assignees; BROWN & SHAPIRO LLP, Attorneys At Law,
Defendants-Appellees.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-03-CV-2726
--------------------
Before JOLLY, JONES, and WIENER, Circuit Judges.
PER CURIAM:*
Wesley R. Wilson’s motion to recuse Circuit Judges
Barksdale, Emilio Garza, and Dennis is DENIED. See Liteky v.
United States, 510 U.S. 540, 555 (1994).
Wilson has appealed the district court’s order denying his
motions for relief, under FED. R. CIV. P. 60(b)(4), from the
district court’s order dismissing his complaint, in which Wilson
sought relief from an order of the bankruptcy court. Rule
60(b)(4) provides that the court may relieve a party from a final

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No. 04-20183
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judgment if “the judgment is void.” FED. R. CIV. P. 60(b)(4).
“A judgment is void for purposes of Rule 60(b)(4) if the court
that rendered it entered an order outside its legal powers.”
Carter v. Fenner, 136 F.3d 1000, 1005 (5th Cir. 1998). If the
district court had subject matter and personal jurisdiction,
relief under Rule 60(b)(4) is appropriate only if “the district
court acted in a manner so inconsistent with due process as to
render the judgment void.” Callon Petroleum Co. v. Frontier Ins.
Co., 351 F.3d 204, 210 (5th Cir. 2003) (internal quotation marks
omitted). Wilson has not shown that the district court erred.
Because the appeal is without arguable merit, it is
DISMISSED AS FRIVOLOUS. See Howard v. King, 707 F.2d 215, 219-20
(5th Cir. 1983); 5TH CIR. R. 42.2. We caution Wilson that the
filing of frivolous appeals and motions will invite the
imposition of a sanction.
APPEAL DISMISSED; MOTION DENIED; SANCTION WARNING ISSUED.

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