Jose Zamora v. Lorie Davis, Director

Filing

UNPUBLISHED OPINION ORDER FILED. [16-50345 Dismissed for Lack of Jurisdiction] Judge: EHJ , Judge: JES , Judge: JLD; denying as moot motion for certificate of appealability filed by Appellant Mr. Jose Leon Zamora [8510126-2]; denying as moot motion to proceed IFP filed by Appellant Mr. Jose Leon Zamora [8244719-2] [16-50345]

Case: 16-50345

Document: 00514029765

Page: 1

Date Filed: 06/12/2017

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 16-50345
Summary Calendar

United States Court of Appeals
Fifth Circuit

FILED
June 12, 2017
Lyle W. Cayce
Clerk

JOSE LEON ZAMORA,
Petitioner-Appellant
versus

LORIE DAVIS, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL
JUSTICE, CORRECTIONAL INSTITUTIONS DIVISION,
Respondent-Appellee
Appeal from the United States District Court
for the Western District of Texas
USDC No. 5:16-CV-246
Before JONES, SMITH, and DENNIS, Circuit Judges.
PER CURIAM: *
Jose Leon Zamora, Texas prisoner # 672290, moves this court for a
certificate of appealability (COA) to appeal in this 28 U.S.C. § 2254 matter and
for leave to proceed in forma pauperis (IFP) on appeal. He was convicted of
murder and sentenced to 99 years of imprisonment.

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 16-50345

Document: 00514029765

Page: 2

Date Filed: 06/12/2017

No. 16-50345
“This Court must examine the basis of its jurisdiction, on its own motion,
if necessary.” Mosley v. Cozby, 813 F.2d 659, 660 (5th Cir. 1987). This court
has jurisdiction over final decisions and other decisions covered by the
collateral order doctrine. See 28 U.S.C. §§ 1291, 1292; Davis v. E. Baton Rouge
Par. Sch. Bd., 78 F.3d 920, 925-26 (5th Cir. 1996). Unless the parties have
consented to proceed before a magistrate judge pursuant to 28 U.S.C.
§ 636(c)(1), an order issued by a magistrate judge is not a final order directly
appealable to this court. Donaldson v. Ducote, 373 F.3d 622, 624-25 (5th Cir.
2004). Zamora did not so consent. Although the district court reconsidered the
magistrate judge’s ruling, Zamora did not file a notice of appeal from that
decision or the denial of his § 2254 petition. See FED. R. APP. P. 4(a)(1)(A),
(a)(2). We therefore lack jurisdiction over this appeal.
Zamora’s appeal is DISMISSED for lack of jurisdiction, and his COA
motion and IFP motion are DENIED AS MOOT.

2