United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
January 9, 2007
FOR THE FIFTH CIRCUIT
_______________________
Charles R. Fulbruge III
Clerk
No. 06-40880
USDC No. 5:03-CR-185-0-3
_______________________
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ISRAEL SAENZ, JR.,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
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Before JOLLY, DENNIS, and CLEMENT, Circuit Judges.
PER CURIAM:*
In this case filed pursuant to 28 U.S.C. § 2255, the
district court entered a final judgment dismissing the action on
April 5, 2006. On April 20, 2006, the petitioner filed a pro se
notice of appeal from the final judgment. In his request for a
certificate of appealability, the petitioner noted that the
district court failed to address one of the issues in his motion.
On May 15, 2006, the district court entered an order vacating its
earlier final judgment dismissing the case and restoring the case
*
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this opinion should not be published and is not precedent except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.
06-40880
-2-
on the docket.
The district court was divested of jurisdiction by the
filing of a timely notice of appeal. See Alvestad v. Monsanto
Co., 671 F.2d 908, 911 n.2 (5th Cir.), cert. denied, 459 U.S.
1070 (1982). This court has received a request from the district
court to remand the case so that it can address the remaining
issue in the § 2255 motion. We remand the case to the district
court to re-enter its judgment and conduct such further
proceedings as may be necessary. See Willie v. Continental Oil
Co., 746 F.2d 1041, 1046 (5th Cir. 1984), vacated by grant of
rehearing en banc, 760 F.2d 87 (5th Cir. 1985), on rehearing, 784
F.2d 706 (5th Cir. 1986) (en banc). See also Travelers Inc. Co.
v. Liljeberg Enterprises, Inc., 38 F.3d 1404, 1407 n.3 (5th Cir.
1994) (citing panel opinion in Willie). We do not retain
jurisdiction.
REMANDED.