IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 01-31133 Summary Calendar

GODFREY OKECHUKU OBIOZOR,

Petitioner-Appellant,

versus

WARDEN FEDERAL CORRECTIONAL INSTITUTION OAKDALE; UNITED STATES OF AMERICA,

Respondents-Appellees.

- - - - - - - - - - Appeal from the United States District Court for the Western District of Louisiana USDC No. 01-CV-1175 - - - - - - - - - - January 3, 2002 Before JOLLY, BARKSDALE, and EMILIO M. GARZA, Circuit Judges.

PER CURIAM:*

In this habeas corpus case filed pursuant to

, Godfrey Okechuku Obiozor, federal prisoner # 59498-079,

filed a notice of appeal from an order of the district court

construing his

petition as a

motion and transferring it to this court for consideration of

whether it meets the requirements for filing a successive

motion. Obiozor has indicated that he is not

seeking to raise a successive

motion, and he

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 01-31133 -2-

argues that the district court erred in construing his petition

as such.

This court must examine the basis of its jurisdiction on its

own motion if necessary. Mosley v. Cozby,

(5th

Cir. 1987). We lack jurisdiction over the district court’s

interlocutory order. See Brinar v. Williamson,

(5th Cir. 2001). Therefore, the appeal is DISMISSED. The case

is TRANSFERRED to the United States District Court for the

Western District of Louisiana for consideration of Obiozor’s

petition.

APPEAL DISMISSED; CASE TRANSFERRED TO THE DISTRICT COURT.