Cousins v. Chandler

* 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that this opinion should not be published and is not precedent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. 00-41260
Conference Calendar
MARK ANTHONY COUSINS,
Petitioner-Appellant,
versus
ERNEST V. CHANDLER, Warden,
Respondent-Appellee.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:00-CV-584
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April 10, 2001
Before JOLLY, HIGGINBOTHAM, and JONES, Circuit Judges.
PER CURIAM:*
Mark Anthony Cousins, federal prisoner # 43109-019, appeals
the district court’s dismissal of his 28 U.S.C. § 2241 petition,
in which he attacked the validity of his conviction. Cousins’
motion to expedite the appeal is DENIED.
Cousins argues that the district court erred in dismissing
the petition without first compelling Respondent to answer and
that his claims were properly brought in a 28 U.S.C. § 2241
petition because relief under 28 U.S.C. § 2255 is inadequate and
ineffective. An answer is not required if it appears from the

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No. 00-41260
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application that the applicant is not entitled to the writ. 28
U.S.C. § 2243. Cousins has failed to demonstrate that the
district court erred in concluding that relief under 28 U.S.C.
§ 2255 was inadequate. See Tolliver v. Dobre, 211 F.3d 876, 877
(5th Cir. 2000).
This appeal is without arguable merit, is frivolous, and is
therefore DISMISSED. See Howard v. King, 707 F.2d 215, 219-20
(5th Cir. 1983); 5TH CIR. R. 42.2.
APPEAL DISMISSED. MOTION DENIED.

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