United States v. Rudzavice

Case: 21-10714 Document: 00516160168 Page: 1 Date Filed: 01/10/2022

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED January 10, 2022 No. 21-10714

Lyle W. Cayce Summary Calendar Clerk

United States of America,

Plaintiff—Appellee, versus

James L. Rudzavice,

Defendant—Appellant.

Appeal from the United States District Court for the Northern District of Texas USDC No. 4:07-CR-138-1

Before King, Costa, and Ho, Circuit Judges.

Per Curiam:*

James L. Rudzavice, federal prisoner # 36844-177, appeals the district court’s denial of his motion to dismiss his criminal case for lack of jurisdiction under the Federal Rules of Civil Procedure. Rudzavice’s motion in the district court was “an unauthorized motion which the district court was Case: 21-10714 Document: 00516160168 Page: 2 Date Filed: 01/10/2022

No. 21-10714 without jurisdiction to entertain. Thus, he has appealed from the denial of a meaningless, unauthorized motion.” United States v. Early, 27 F.3d 140, 142 (5th Cir. 1994).

The motion to dismiss in the district court and this appeal from its denial both lack arguable merit. Accordingly, the appeal is DISMISSED AS FRIVOLOUS. See Howard v. King, 707 F.2d 215, 220 (5th Cir. 1983).

5th Cir. R. 42.2. Rudzavice is WARNED that additional frivolous filings in this court or the district court will result in monetary sanctions and limits on his access to this court and any court subject to this court’s jurisdiction.