IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 02-50878 Summary Calendar

MICHAEL JOSEPH FUHRMAN, Plaintiff-Appellant, versus GARY L. JOHNSON, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, INSTITUTIONAL DIVISION; JOSEPH B. CASAL, Warden; JEFFREY B. CALFEE, Major; MICHAEL A. LUJUAN, Sergeant; MARCOS C. MARTINEZ, Sergeant; GAIL R. MILLER, Ms.; JOY A.

CHADWICK; ESTEBAN SANCHEZ; PAUL WEATHERBY, Captain, Defendants-Appellees.

-------------------- Appeal from the United States District Court for the Western District of Texas USDC No. P-01-CV-24 -------------------- March 21, 2003 Before BARKSDALE, DEMOSS, and BENAVIDES, Circuit Judges.

PER CURIAM:* Michael Joseph Fuhrman, Texas prisoner # 531212, has appealed the district court’s order granting his motion to dismiss and dismissing his civil right complaint with prejudice for failure to prosecute. Fuhrman contends that the judgment should be reformed to provide that the dismissal was without prejudice. Fuhrman’s claims accrued no later than January 5,

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 02-50878 -2- 2001, and would be barred under the applicable statute of limitations if he attempted to reassert them in a new federal lawsuit. See Piotrowski v. City of Houston, 237 F.3d 567, 576 (5th Cir. 2001); see also TEX. CIV. PRAC. & REM. CODE ANN. § 16.003(a) (West 2002). Because the interests of justice would not be served by reformation of the judgment, the judgment is AFFIRMED.