Gallegos v. Dobre

• Court: Court of Appeals for the Fifth Circuit
• Decided: April 20, 2004
• Docket: 03-41536
• Status: Unpublished

Opinion

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT April 21, 2004

Charles R. Fulbruge III Clerk No. 03-41536 Conference Calendar

JOSE SANTOS GALLEGOS,

Petitioner-Appellant,

versus

JONATHON DOBRE, Warden,

Respondent-Appellee.

-------------------- Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:01-CV-158 --------------------

Before JOLLY, JONES, and SMITH, Circuit Judges.

PER CURIAM:*

Jose Santos Gallegos, federal prisoner #18816-077, appeals

from the district court’s dismissal of his 28 U.S.C. § 2241

petition. Gallegos argues that the district court erred by

holding that his 28 U.S.C. § 2241 petition was subject to

dismissal because it did not warrant application of the “savings

clause” set forth in 28 U.S.C. § 2255.

Because Gallegos’s claim fails to meet the requisite

standard, the “savings clause” is not applicable to Gallegos’s

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 03-41536 -2-

28 U.S.C. § 2241 petition. See Reyes-Requena v. United States,

243 F.3d 893, 904 (5th Cir. 2001). Accordingly, the district

court’s judgment is AFFIRMED.