Morris v. Casterline

* 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that this opinion should not be published and is not precedent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
May 28, 2003
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 03-30008
Summary Calendar
EUGENE MORRIS,
Petitioner-Appellant,
versus
CARL CASTERLINE,
Respondent-Appellee.
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Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 02-CV-1939
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Before REAVLEY, SMITH and STEWART, Circuit Judges.
PER CURIAM:*
Eugene Morris, federal prisoner number 21068-009, appeals
the district court’s order denying and dismissing with prejudice
his application for writ of habeas corpus. Morris argues that
the district court erred in finding that he did not satisfy the
requirements for filing a 28 U.S.C. § 2241 petition under 28
U.S.C. § 2255’s “savings clause.”

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No. 03-30008
-2-
Morris has not met his burden of showing that he meets the
requirements for filing a § 2241 petition under the savings
clause of § 2255. He has neither pointed to a retroactively
applicable Supreme Court decision which establishes that he may
have been imprisoned for conduct that was not prohibited by law
nor shown how his claim was foreclosed by circuit law at the time
of his guilty-plea conviction, appeal, or first § 2255 motion.
See Reyes-Requena v. United States, 243 F.3d 893, 903-04 (5th
Cir. 2001).
AFFIRMED.

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