U.S. Court of Appeals for the Fifth Circuit, 2016

United States v. Juan Navarro

United States v. Juan Navarro
U.S. Court of Appeals for the Fifth Circuit · Decided November 8, 2016 · Jolly, Davis, Southwick
670 F. App'x 305

United States v. Juan Navarro

Opinion

PER CURIAM: *

Juan Jose Navarro, federal prisoner # 39774-179, moves for a certificate of ap-pealability (COA) to appeal the district court’s orders denying his motion to amend his 28 U.S.C. § 2255 motion that was denied in 2008. As Navarro is not seeking to appeal from the final order in a habeas proceeding, he does not need a COA. See 28 U.S.C. § 2253(c)(1). A COA is therefore DENIED as unnecessary. See id.

Navarro’s motion, filed more than seven years after the finality of his § 2255 proceeding, was a “meaningless, unauthorized motion” over which the district court lacked jurisdiction. See United States v. Early, 27 F.3d 140, 142 (5th Cir. 1994). Because Navarro has appealed from the denial of unauthorized motion, we AFFIRM the district court’s ruling.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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