IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-50224
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOSÉ RICARDO RUIZ,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. A-92-CR-58-ALL
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October 23, 1997
Before POLITZ, Chief Judge, and WIENER and DENNIS, Circuit Judges.
PER CURIAM:*
José Ricardo Ruiz, federal prisoner #12399-080, appeals from
the district court’s denial of his “motion to dismiss,” which is
construed by this court as a 28 U.S.C. § 2255 motion. See In re
Tolliver, 97 F.3d 89, 90 (5th Cir. 1996). Because Ruiz neither
requested not obtained the required certification from this court
to file a successive § 2255 motion, the district court should not
have accepted Ruiz’s motion for filing. See § 2255. The
district court’s denial of Ruiz’s “motion to dismiss” was
*
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that this opinion should not be published and is not precedent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. 97-50224
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therefore not error. Accordingly, the judgment of the district
court is AFFIRMED.