Garcia v. Yusuff

No. 99-60702
-1-
* 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that this opinion should not be published and is not precedent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. 99-60702
Conference Calendar
OSMEL GARCIA,
Plaintiff-Appellant,
versus
KHURSHID YUSUFF,
Defendant-Appellee.
--------------------
Appeal from the United States District Court
for the Southern District of Mississippi
USDC No. 5:99-CV-175-Br-S
--------------------
April 11, 2000
Before WIENER, DeMOSS, and PARKER, Circuit Judges.
PER CURIAM:*
Osmel Garcia, federal prisoner # 49917-083, appeals the
district court’s dismissal of his petition filed pursuant to 28
U.S.C. § 2241. His claims allege errors that are not cognizable
in a § 2241 petition but that should properly be raised in a
motion to vacate, set aside, or correct sentence under 28 U.S.C.
§ 2255. See Ojo v. INS, 106 F.3d 680, 683 (5th Cir. 1997).
Because Garcia must file his § 2255 motion in the district where
he was sentenced, the district court properly dismissed the
instant petition for lack of jurisdiction. See id.

-- 1 of 2 --

No. 99-60702
-2-
Accordingly, the instant appeal is DISMISSED AS FRIVOLOUS.
See Howard v. King, 707 F.2d 215, 219-20 (5th Cir. 1983); 5TH CIR.
R. 42.2.

-- 2 of 2 --