Essell 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that this opinion should not be published and is not precedent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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-41337
Conference Calendar
SAMGODSON ESSELL,
Petitioner-Appellant,
versus
JONATHAN DOBRE, Warden,
Respondent-Appellee.
--------------------
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:00-CV-595
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April 11, 2001
Before JOLLY, HIGGINBOTHAM, and JONES, Circuit Judges.
PER CURIAM:*
Samgodson Essell, federal prisoner # 95560-012, appeals the
district court’s dismissal of his 28 U.S.C. § 2241 petition, in
which he sought to raise a challenge to the legality of his
sentence. Essell argues that his claim was properly brought in a
§ 2241 petition because relief under 28 U.S.C. § 2255 is
inadequate as he cannot meet the requirements for filing a
successive § 2255 motion.
Essell has failed to demonstrate that the district court
erred in concluding that § 2255 relief was not inadequate. See

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No. 00-41337
-2-
Tolliver v. Dobre, 211 F.3d 876, 877 (5th Cir. 2000). The
district court did not err in dismissing Essell’s petition. 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.

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