*1 Before OWEN, ELROD, and COSTA, Circuit Judges.
PER CURIAM: [*]
Astrit Bekteshi, federal inmate # 41709-424, pleaded guilty to conspiring to distribute or possess with the intent to distribute cocaine, heroin, ecstasy, or marijuana and was sentenced to 135 months of imprisonment. Bekteshi seeks a certificate of appealability (COA) to appeal the denial of his 28 U.S.C. § 2255 motion.
*2 Case: 16-40207 Document: 00513864820 Page: 2 Date Filed: 02/06/2017
No. 16-40207
An appeal may not be taken from a final order in a § 2255 proceeding unless a district court judge or circuit justice issues a COA. 28 U.S.C. § 2253(c)(1)(B). Bekteshi did not move for a COA in the district court, and the district court did not rule on whether to grant or deny him a COA. We assume without deciding that we therefore lack jurisdiction over this appeal pursuant to Rule 11(a) of the Rules Governing § 2255 Proceedings, which has language similar to former Rule 22 of the Federal Rules of Appellate Procedure. See Cardenas v. Thaler , 651 F.3d 442, 444-45 & n.1 (5th Cir. 2011).
We nevertheless decline to remand this case to the district court for a COA ruling because Bekteshi has not addressed, and has thus waived any challenge to, the district court’s denial of his § 2255 motion on procedural grounds. See United States v. Alvarez , 210 F.3d 309, 310 (5th Cir. 2000); Hughes v. Johnson , 191 F.3d 607, 613 (5th Cir. 1999); see also United States v. Ajah , 519 F. App’x 304, 305 (5th Cir. 2013). This appeal is DISMISSED for lack of jurisdiction, and Bekteshi’s motion for a COA is DENIED as moot.
2
[*] Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4.