USA v. Derrow

Filing 920060828

Opinion

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United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT August 28, 2006 Charles R. Fulbruge III Clerk No. 05-41117 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus MICHAEL JOSEPH DERROW, Defendant-Appellant. -------------------Appeal from the United States District Court for the Eastern District of Texas USDC No. 9:05-CV-113 USDC No. 9:98-CR-6-9 -------------------Before DAVIS, SMITH, and WIENER, Circuit Judges. PER CURIAM:* Michael Joseph Derrow, federal inmate # 03199-286, was convicted of conspiracy to possess and possession with intent to distribute crack cocaine. Derrow seeks a certificate of appealability (COA) to appeal the district court's order that transferred his 28 U.S.C. 2255 motion to this court as an unauthorized successive 2255 motion. We must examine the basis of our jurisdiction on our own motion if necessary. * Mosley v. Cozby, 813 F.2d 659, 660 (5th 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 05-41117 -2Cir. 1987). An order transferring a successive 2255 motion to the court of appeals is a nonappealable interlocutory order. Brinar v. Williamson, 245 F.3d 515, 516-18 (5th Cir. 2001). court is without jurisdiction to consider Derrow's case. This See id. Accordingly, the appeal is dismissed for lack of jurisdiction. Derrow's motions for a COA and for leave to proceed in forma pauperis are denied. APPEAL DISMISSED FOR LACK OF JURISDICTION; MOTIONS DENIED.

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