Puerta v. DOJ, et al

Filing 920060223

Opinion

United States Court of Appeals Fifth Circuit

F I L E D
IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT February 23, 2006 Charles R. Fulbruge III Clerk No. 05-20154 Conference Calendar

EDGAR FERNANDO BLANCO PUERTA, Petitioner-Appellant, versus UNITED STATES DEPARTMENT OF JUSTICE, Office of Attorney General; MICHAEL T. SHELBY, United States Attorney (Southern District of Texas); NEIL H. ADLER, Federal Bureau of Prisons, Respondents-Appellees. -------------------Appeal from the United States District Court for the Southern District of Texas USDC No. 4:05-CV-36 -------------------Before GARZA, DENNIS, and PRADO, Circuit Judges. PER CURIAM:* Edgar Fernando Blanco Puerta, federal prisoner #16259-179, appeals the district court's dismissal of his 28 U.S.C. § 2241 petition without prejudice to Puerta's seeking relief via the appropriate procedural vehicle. Although Puerta has briefed the

merits of his claims, he has failed to address the procedural issue presented by the district court's dismissal of his petition.
*

Puerta has failed to brief the sole relevant issue for

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

No. 05-20154 -2appeal. See Brinkmann v. Dallas County Deputy Sheriff Abner, 813 His appeal therefore is dismissed

F.2d 744, 748 (5th Cir. 1987). as frivolous.

See 5TH CIR. R. 42.2.

APPEAL DISMISSED.