Odueze v. Strapp

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

__________________

No. 95-11145 Conference Calendar __________________

CAJETAN UCHE ODUEZE,

Plaintiff-Appellant,

versus

ARTHUR STRAPP, District Director, Immigrations and Naturalization Service,

Respondent-Appellee.

- - - - - - - - - - Appeal from the United States District Court for the Northern District of Texas USDC No. 3:93-CV-2447-R - - - - - - - - - - April 16, 1996 Before DUHÉ, DeMOSS, and DENNIS, Circuit Judges.

PER CURIAM:*

Cajetan Uche Odueze has appealed the dismissal of his 28

U.S.C. § 2241 petition for a writ of habeas corpus for lack of

jurisdiction. Odueze contends that the district court should

have transferred the case to the Western District of Texas. The

dismissal of the petition was without prejudice and Odueze has

not suggested why the interest of justice would be served by

transfer instead of dismissal. See 28 U.S.C. § 1631.

* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. No. 95-11145 -2-

Odueze’s appeal is frivolous and is DISMISSED. Howard v.

King, 707 F.2d 215, 219-20 (5th Cir. 1983); see 5th Cir. R. 42.2.

We caution Odueze that any additional frivolous appeals filed by

him will invite the imposition of sanctions. To avoid sanctions,

Odueze is further cautioned to review any pending appeals to

ensure that they do not raise arguments that are frivolous

because they have been previously decided by this court.

APPEAL DISMISSED.