Dalton v. Guzik

* 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that this opinion should not be published and is not precedent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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-10168
Summary Calendar
SWANSON DALTON,
Petitioner-Appellant,
versus
ROBERT GUZIK, Warden,
Federal Correctional Institution
Respondent-Appellee.
--------------------
Appeals from the United States District Court
for the Northern District of Texas
USDC No. 4:00-CV-374-A
--------------------
August 6, 2001
Before JOLLY, DAVIS, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Swanson Dalton, federal prisoner #15412-057, appeals the
district court’s dismissal of his 28 U.S.C. § 2241 petition.
Dalton argues that he is entitled to a sentence reduction.
Dalton does not address the district court’s reasons for
dismissing his petition, namely that the court lacked
jurisdiction to consider his petition and that the proper avenue
of relief was for Dalton to request permission to file a
successive 28 U.S.C. § 2255 motion. Therefore, Dalton has

-- 1 of 2 --

No.
-2-
abandoned the only issue before this court. See Brinkmann v.
Dallas County Deputy Sheriff Abner, 813 F.2d 744, 748 (5th Cir.
1987). Dalton’s contention that his petition was proper based on
the savings clause of 28 U.S.C. § 2255, raised for the first time
on appeal, does not constitute plain error. The district court’s
denial of Dalton’s petition is affirmed.
AFFIRMED.

-- 2 of 2 --