for what ever reason it was only a issue while i was trying to play it in 1280-720p once i moved the size a bit it stopped doing it 

----- Initializing Renderer ----
execing ragdoll.cfg from disk
----- Client Initialization -----
----- Client Initialization Complete -----
Trying SMP acceleration...
...succeeded.
----- R_Init -----
Getting Direct3D 9 interface...
Pixel shader version is 3.0<...