United States v. Torres ( 2001 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-20656
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
DIONICO CHAVEZ TORRES,
also known as Dionicio Chavez Torres,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-00-CV-1430 & H-98-CR-287-1
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February 13, 2001
Before SMITH, BARKSDALE, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Dionico Chavez Torres, federal prisoner No. 83001-079,
requests a certificate of appealability (COA) to appeal the
district court’s ruling in a proceeding under 28 U.S.C. § 2255.
Torres moves this court to appeal in forma pauperis (IFP) and he
requests an evidentiary hearing.
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). An examination of the record in this case discloses
*
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that this opinion should not be published and is not precedent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. 00-20656
-2-
this court lacks appellate jurisdiction because no final judgment
has been entered in this case. See Dardar v. Lafourche Realty
Co., 849 F.2d 955, 957 (5th Cir. 1988); Save the Bay, Inc. v.
United States Army, 639 F.2d 1100, 1102 (5th Cir. 1981).
Accordingly, the motions for COA, IFP, and an evidentiary
hearing are DENIED AS MOOT and the appeal is DISMISSED.
MOTIONS DENIED; APPEAL DISMISSED.