Norberto Robles v. Joe Driver

Filing

UNPUBLISHED OPINION FILED. [10-20270 Affirmed ] Judge: TMR , Judge: JLD , Judge: EBC Mandate pull date is 12/20/2010 [10-20270]

Norberto Robles v. Joe se: 10-20270 CaDriver

Document: 00511278745 Page: 1 Date Filed: 10/29/2010

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IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED
N o . 10-20270 S u m m a r y Calendar October 29, 2010 Lyle W. Cayce Clerk

N O R B E R T O ROBLES, P e titio n e r-A p p e lla n t v. J O E D. DRIVER, Warden, Houston Federal Detention Center, R e s p o n d e n t -A p p e lle e

A p p e a l from the United States District Court fo r the Southern District of Texas U S D C No. 4:10-CV-694

B e fo r e REAVLEY, DENNIS, and CLEMENT, Circuit Judges. P E R CURIAM:* N o r b e r to Robles, federal prisoner # 82724-179, appeals the district court's d is m is s a l of his 28 U.S.C. § 2241 petition. The district court determined that R o b le s ' § 2241 petition was premature because his claims were directed to his c r im in a l proceeding, which was active. We note that the district court appears t o have treated Robles' pleading as arising under § 2241, not § 2255. See Castro v . United States, 540 U.S. 375, 383 (2003). Robles' brief is entirely devoted to the m e r it s of his claims for relief. Although he asserts that he properly sought
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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
*

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Case: 10-20270 Document: 00511278745 Page: 2 Date Filed: 10/29/2010 No. 10-20270 h a b e a s relief pursuant to § 2241 because he filed his petition prior to being s e n t e n c e d , Robles provides no explanation for his conclusory assertion. By fa ilin g to address the basis for the district court's dismissal, Robles has a b a n d o n e d the threshold issue in this appeal. Yohey v. Collins, 985 F.2d 222, 2 2 4 -2 5 (5th Cir. 1993); Brinkmann v. Dallas County Deputy Sheriff Abner, 813 F .2 d 744, 748 (5th Cir. 1987). A F F IR M E D .

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