Clark 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this opinion should not be published and is not precedent except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.
F I L E D
United States Court of Appeals
Fifth Circuit
March 27, 2003
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-41412
Summary Calendar
CLINT EDWARD CLARK,
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
(1:00-CV-571)
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Before DAVIS, WIENER, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Petitioner-Appellant Clint Edward Clark, federal prisoner #
29919-004, was convicted of bank robbery and sentenced to 262
months’ imprisonment. He appeals the dismissal of his 28 U.S.C. §
2241 petition. He argued that the Bureau of Prisons violated his
right to privacy by disclosing personal medical information and
that it maintained records containing erroneous information in
violation of 5 U.S.C. § 522a(e)(5) and § 522a(g).

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2
The district court’s determination that claims like Clark’s
are cognizable only under 42 U.S.C. § 1983, not under 28 U.S.C. §
2241, is correct. Thus, the court’s dismissal of his petition for
failure to state a claim was not error. See Carson v. Johnson, 112
F.3d 818, 820 (5th Cir. 1997). Neither is Clark’s claim that he
was erroneously sentenced as a career offender cognizable under 28
U.S.C. § 2241. See Tolliver v. Dobre, 211 F.3d 876, 877 (5th Cir.
2000). The district court’s dismissal of Clark’s petition is
AFFIRMED.
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