USA v. Juan Navarro, No. 16-20250 (5th Cir. 2016)

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Case: 16-20250 Document: 00513751859 Page: 1 Date Filed: 11/08/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 16-20250 United States Court of Appeals Fifth Circuit FILED November 8, 2016 UNITED STATES OF AMERICA, Lyle W. Cayce Clerk Plaintiff-Appellee v. JUAN JOSE NAVARRO, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 4:08-CV-1963 USDC No. 4:05-CR-300-2 Before JOLLY, DAVIS, and SOUTHWICK, Circuit Judges. PER CURIAM: * Juan Jose Navarro, federal prisoner # 39774-179, moves for a certificate of appealability (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. 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 16-20250 Document: 00513751859 Page: 2 Date Filed: 11/08/2016 No. 16-20250 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. 2

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