Hines v. May

Filing 920091216

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IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 08-51229 Summary Calendar December 16, 2009 Charles R. Fulbruge III Clerk JERALD LEE HINES Petitioner-Appellant v. WARDEN CLAUDE MAY Respondent-Appellee Appeal from the United States District Court for the Western District of Texas USDC No. 1:08-CV-59-SS Before KING, STEWART and HAYNES, Circuit Judges. PER CURIAM:* Jerald Lee Hines, federal prisoner # 48922-080, filed a 28 U.S.C. 2241 petition arguing that the Bureau of Prisons (BOP) should be compelled to consider his nunc pro tunc application to have the state prison in which he was previously confined designated as the place that his federal sentence began. The district court denied Hines's petition, and Hines now appeals. The denial of Hines's 2241 petition was based on the district court's findings that the BOP had considered Hines's application and denied it, that the 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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. 08-51229 BOP did not err in denying Hines's application, and that Hines's claims in the instant 2241 petition were barred by the doctrine of res judicata. In his appellate brief, Hines does not address any of these findings. By failing to address the district court's rationale for denying the 2241 petition, Hines has waived any challenge he could bring to the denial of his petition. See Brinkmann v. Dallas County Deputy Sheriff Abner, 813 F.2d 744, 748 (5th Cir. 1987). AFFIRMED. 2

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