USA v. James Nichol

Filing

UNPUBLISHED OPINION ORDER FILED. [15-41445 Dismissed for Lack of Jurisdiction] Judge: PEH, Judge: CH, Judge: JEG; denying as moot motion for certificate of appealability filed by Appellant Mr. James Douglas Nichols [8134500-2]; denying as moot motion to proceed IFP filed by Appellant Mr. James Douglas Nichols [8157750-2] [15-41445]

Case: 15-41445

Document: 00513892949

Page: 1

Date Filed: 03/01/2017

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 15-41445

United States Court of Appeals
Fifth Circuit

FILED
March 1, 2017
Lyle W. Cayce
Clerk

UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
JAMES DOUGLAS NICHOLS,
Defendant-Appellant
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 4:13-CV-56
USDC No. 4:09-CR-222-2

Before HIGGINBOTHAM, HAYNES, and GRAVES, Circuit Judges.
PER CURIAM: *
James Douglas Nichols, federal prisoner # 16570-078, filed a 28 U.S.C.
§ 2255 motion to vacate his sentence for conspiracy to possess with intent to
distribute heroin. Nichols seeks a certificate of appealability (COA) and leave
to proceed in forma pauperis (IFP) to appeal the magistrate judge’s order
closing his case administratively. This court must examine the basis of its
jurisdiction, sua sponte, if necessary. See Mosley v. Cozby, 813 F.2d 659, 660

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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

Case: 15-41445

Document: 00513892949

Page: 2

Date Filed: 03/01/2017

No. 15-41445
(5th Cir. 1987). A magistrate judge has authority to hear and determine
pretrial matters. See 28 U.S.C. § 636(b)(1)(A). As a general rule, an order
issued by a magistrate judge is not a final order appealable to this court. See
Donaldson v. Ducote, 373 F.3d 622, 624 (5th Cir. 2004); see also Colburn v.
Bunge Towing, Inc., 883 F.2d 372, 379 (5th Cir. 1989) (noting that appellate
courts are without jurisdiction to hear appeals directly from federal magistrate
judges). Additionally, the constitution does not permit a magistrate judge to
enter a final judgment in a § 2255 proceeding. United States v. Johnston, 258
F.3d 361, 372 (5th Cir. 2001). We lack jurisdiction to address this appeal. See
Donaldson, 373 F.3d at 624. Accordingly, we deny Nichols’s two motions as
moot.
APPEAL DISMISSED; MOTIONS DENIED AS MOOT.

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