United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS April 30, 2003
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 02-50500
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
KEITH RUSSELL JUDD,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. MO-98-CR-93-ALL
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Before JONES, STEWART, and DENNIS, Circuit Judges.
PER CURIAM:*
In May 2002, Keith Russell Judd, federal prisoner # 11593-051,
filed an “amended notice of appeal,” stating that he was amending
his original notice of appeal. 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). Judd’s notice of appeal
did not designate a specific appealable order or judgment. See
FED. R. APP. P. 3(c)(1)(B).
*
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that this opinion should not be published and is not precedent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. 02-50500
-2-
Judd argues that he is appealing from the magistrate judge’s
July 1998 order, in Judd’s criminal proceeding, that Judd submit to
a psychological or psychiatric examination. Judd was required to
file his notice of appeal within 10 days from the entry of the
judgment or the order being appealed. See FED. R. APP. P. 4(b). The
judgment of conviction in Judd’s criminal case was entered on
September 29, 1999. Judd’s May 2002 notice of appeal is not timely
filed from any appealable order or judgment in the criminal
proceeding.
This court dismissed a prior attempt by Judd to appeal the
July 1998 order for lack of jurisdiction, reasoning that orders of
the magistrate judge are not directly appealable to this court.
United States v. Judd, No. 98-50954 (5th Cir. Nov. 3, 1998)
(unpublished). This court also reasoned that the appeal was moot
because the psychiatric examination was conducted and the
competency hearing held. See id. The instant appeal is another
attempt by Judd to directly appeal a non-appealable order to this
court.
This appeal is DISMISSED as frivolous. See 5TH CIR. R. 42.2.
All outstanding motions are DENIED.
Because Judd continues his pattern of filing frivolous appeals
despite this court’s warnings, he is ORDERED to pay a sanction in
the amount of $105, payable to the clerk of this court. The clerk
of this court and the clerks of all federal district courts within
this Circuit are DIRECTED to refuse to file any pro se appeal,
No. 02-50500
-3-
appealing any order or judgment entered in Judd’s criminal
proceeding, United States District Court Cause Nos. MO-98-CR-93 or
MO-98-059M, unless Judd submits proof of satisfaction of this
sanction. Any such attempts by Judd will invite the imposition of
further sanctions. To avoid further sanctions, Judd is cautioned
to review any pending appeals to ensure that they do not contravene
this order.
This sanction order does not bar Judd from appealing from an
appealable order or judgment entered in his currently pending
28 U.S.C. § 2255 proceeding, United States District Court Cause No.
MO-01-CA-121.
APPEAL DISMISSED; MOTIONS DENIED; SANCTION IMPOSED.