Case: 21-10714 Document: 00516160168 Page: 1 Date Filed: 01/10/2022
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
January 10, 2022
No. 21-10714
Lyle W. Cayce
Summary Calendar Clerk
United States of America,
Plaintiff—Appellee,
versus
James L. Rudzavice,
Defendant—Appellant.
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:07-CR-138-1
Before King, Costa, and Ho, Circuit Judges.
Per Curiam:*
James L. Rudzavice, federal prisoner # 36844-177, appeals the district
court’s denial of his motion to dismiss his criminal case for lack of jurisdiction
under the Federal Rules of Civil Procedure. Rudzavice’s motion in the
district court was “an unauthorized motion which the district court was
*
Pursuant to 5th Circuit 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opinion should not be published and is not precedent except under the limited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 5th Circuit Rule 47.5.4.
Case: 21-10714 Document: 00516160168 Page: 2 Date Filed: 01/10/2022
No. 21-10714
without jurisdiction to entertain. Thus, he has appealed from the denial of a
meaningless, unauthorized motion.” United States v. Early, 27 F.3d 140, 142
(5th Cir. 1994).
The motion to dismiss in the district court and this appeal from its
denial both lack arguable merit. Accordingly, the appeal is DISMISSED
AS FRIVOLOUS. See Howard v. King, 707 F.2d 215, 220 (5th Cir. 1983).
5th Cir. R. 42.2. Rudzavice is WARNED that additional frivolous
filings in this court or the district court will result in monetary sanctions and
limits on his access to this court and any court subject to this court’s
jurisdiction.
2