Barker v. State of Mississippi

* 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this opinion should not be published and is not precedent except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
April 17, 2007
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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.

-- 1 of 2 --

No. 06-60165
-2-
APPEAL DISMISSED.

-- 2 of 2 --