Case: 16-20250 Document: 00513751859 Page: 1 Date Filed: 11/08/2016
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 16-20250 FILED
November 8, 2016
UNITED STATES OF AMERICA, Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
JUAN JOSE NAVARRO,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:08-CV-1963
USDC No. 4:05-CR-300-2
Before JOLLY, DAVIS, and SOUTHWICK, Circuit Judges.
PER CURIAM: *
Juan Jose Navarro, federal prisoner # 39774-179, moves for a certificate
of appealability (COA) to appeal the district court’s orders denying his motion
to amend his 28 U.S.C. § 2255 motion that was denied in 2008. As Navarro is
not seeking to appeal from the final order in a habeas proceeding, he does not
need a COA. See 28 U.S.C. § 2253(c)(1). A COA is therefore DENIED as
unnecessary. See id.
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
Case: 16-20250 Document: 00513751859 Page: 2 Date Filed: 11/08/2016
No. 16-20250
Navarro’s motion, filed more than seven years after the finality of his
§ 2255 proceeding, was a “meaningless, unauthorized motion” over which the
district court lacked jurisdiction. See United States v. Early, 27 F.3d 140, 142
(5th Cir. 1994). Because Navarro has appealed from the denial of unauthorized
motion, we AFFIRM the district court’s ruling.
2