Gallegos v. Dobre

* 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that this opinion should not be published and is not precedent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 21, 2004
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 03-41536
Conference Calendar
JOSE SANTOS GALLEGOS,
Petitioner-Appellant,
versus
JONATHON DOBRE, Warden,
Respondent-Appellee.
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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

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No. 03-41536
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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.

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