Summary Calendar WALTER KING v. Robert Mtapia, John Ashcroft, United States of America

* 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that this opinion should not be published and is not precedent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 10, 2004
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 03-30921
Summary Calendar
WALTER KING
Petitioner - Appellant
v.
ROBERT M TAPIA, JOHN ASHCROFT, UNITED STATES OF AMERICA
Respondents - Appellees
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Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 02-CV-2526
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Before KING, Chief Judge, and HIGGINBOTHAM and WIENER, Circuit
Judges.
PER CURIAM:*
Walter King, federal prisoner number 11086-042, appeals the
district court’s dismissal with prejudice of his application for
a federal writ of habeas corpus. King has also filed a motion to
supplement the record.
For the first time in this court, King relies upon the
Bureau of Prisons Policy Statement 1560.05 and argues that the
Regional Inmate Systems Manager did not consider all of the

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No. 03-30921
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relevant factors outlined in PS 1560.05. He also asserts for the
first time in this court that the district court judgment in a
criminal case should be construed as indicating no objection to a
nunc pro tunc designation of the state prison as the place of
federal confinement. The contentions that King now seeks to
present in this court were not raised in the district court and
will not be considered on appeal. See Free v. Miles, 333 F.3d
550, 552 n.4 (5th Cir. 2003). As there is no argument properly
before this court, the appeal is frivolous and is dismissed as
such. See Howard v. King, 707 F.2d 215, 219- 20 (5th Cir. 1983);
5TH CIR. R. 42.2. King’s motion to supplement the record is
denied.
APPEAL DISMISSED; MOTION DENIED.

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