IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-50216
Conference Calendar
STATE OF TEXAS; COUNTY OF EL PASO,
Plaintiffs-Appellees,
versus
PAUL JAMES KOUMJIAN,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. EP-96-CR-125-ALL
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December 10, 1996
Before WIENER, BARKSDALE, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Paul James Koumjian, Texas prisoner #582874, has filed a
motion for a certificate of probable cause/certificate of
appealability and a motion to proceed in forma pauperis. 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). Koumjian’s appeal must be dismissed for lack of
*
Pursuant to Local Rule 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that this opinion should not be published and is not precedent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 Local Rule
47.5.4.
No. 96-50216
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jurisdiction, as the district court’s order remanding the case to
the state court from which it was removed is not reviewable on
appeal. See Johnson v. Mississippi, 421 U.S. 213, 219 (1975).
The motions are DENIED.
We caution Koumjian that any additional frivolous appeals
filed by him or on his behalf will invite the imposition of
sanctions. To avoid sanctions, Koumjian is further cautioned to
review any pending appeals to ensure that they do not raise
arguments that are frivolous.
DISMISSED.