Constantine v. Stalder, et al

* 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this opinion should not be published and is not precedent except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
For the Fifth Circuit
No. 01-30911
GLENN K. CONSTANTINE,
Petitioner-Appellant,
VERSUS
RICHARD L. STALDER, Secretary, Department of Public Safety and
Corrections; HENRY GOINS, Records Analyst; JIM L. HERFORD,
Louisiana Board of Parole,
Respondents-Appellees.
Appeal from the United States District Court
For the Middle District of Louisiana
(No. 01-440-B-M2)
November 23, 2001
Before DeMOSS, PARKER, and DENNIS, Circuit Judges.
PER CURIAM:*
Glenn K. Constantine, a Louisiana prisoner, seeks a
certificate of appealability (“COA”) following the dismissal of his
28 U.S.C. § 2254 petition without prejudice for failure to exhaust
state-court remedies. Because we find that the district court
lacked jurisdiction to hear his petition, see 28 U.S.C. § 2241(d),

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we do not address the merits of his motion for COA.
The judgment of the district court is VACATED and the case is
REMANDED with instructions to RETRANSFER this action to the United
States District Court for the Eastern District of Louisiana on the
ground that the May 29, 2001 transfer from the Eastern District to
the Middle District of Louisiana was improvidently ordered.

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