United States v. Alexander

* 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that this opinion should not be published and is not precedent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.
United States Court of Appeals
Fifth Circuit
F I L E D
April 23, 2003
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-30996
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
DEMITORIS ALEXANDER,
Defendant-Appellant.
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Appeals from the United States District Court
for the Eastern District of Louisiana
USDC No. 02-CV-2585
USDC No. 94-CR-343-ALL-J
--------------------
Before DAVIS, BARKSDALE, and STEWART, Circuit Judges.
PER CURIAM:*
Demitoris Alexander, federal inmate #24297-034, pleaded
guilty to charges of conspiracy with intent to distribute cocaine
and possession of a firearm. Alexander was sentenced to
concurrent terms of 180 and 120 months’ imprisonment. Alexander
seeks a certificate of appealability (“COA”) to appeal the

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No. 02-30996
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district court’s order that transferred his successive 28 U.S.C.
§ 2255 motion to this court.
We must examine the basis of our jurisdiction on our own
motion if necessary. Mosley v. Cozby, 813 F.2d 659, 660 (5th
Cir. 1987). An order transferring a successive 28 U.S.C. § 2255
motion to the court of appeals is a nonappealable interlocutory
order. Brinar v. Williamson, 245 F.3d 515, 516-18 (5th Cir.
2001). This court is without jurisdiction to consider
Alexander’s case. See id. Accordingly, the appeal is DISMISSED
for lack of jurisdiction. Alexander’s motions for a COA and for
leave to proceed in forma pauperis are DENIED.
APPEAL DISMISSED; MOTIONS DENIED.

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