U.S. Court of Appeals for the Fifth Circuit, 2003

United States v. Alexander

United States v. Alexander
U.S. Court of Appeals for the Fifth Circuit · Decided April 23, 2003

United States v. Alexander

Opinion

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS April 23, 2003 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk No. 02-30996 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus DEMITORIS ALEXANDER, Defendant-Appellant.

-------------------- Appeals from the United States District Court for the Eastern District of Louisiana USDC No. 02-CV-2585 USDC No. 94-CR-343-ALL-J -------------------- Before DAVIS, BARKSDALE, and STEWART, Circuit Judges.

PER CURIAM:* Demitoris Alexander, federal inmate #24297-034, pleaded guilty to charges of conspiracy with intent to distribute cocaine and possession of a firearm. Alexander was sentenced to concurrent terms of 180 and 120 months’ imprisonment. Alexander seeks a certificate of appealability (“COA”) to appeal the

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 02-30996 -2- district court’s order that transferred his successive 28 U.S.C. § 2255 motion to this court.

We must examine the basis of our jurisdiction on our own motion if necessary. Mosley v. Cozby, 813 F.2d 659, 660 (5th Cir. 1987). An order transferring a successive 28 U.S.C. § 2255 motion to the court of appeals is a nonappealable interlocutory order. Brinar v. Williamson, 245 F.3d 515, 516-18 (5th Cir. 2001). This court is without jurisdiction to consider Alexander’s case. See id. Accordingly, the appeal is DISMISSED for lack of jurisdiction. Alexander’s motions for a COA and for leave to proceed in forma pauperis are DENIED.

APPEAL DISMISSED; MOTIONS DENIED.

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