Gregory Gonzales v. Ernest Chandler


UNPUBLISHED OPINION FILED. [13-10750 Affirmed ] Judge: RHB , Judge: CH , Judge: SAH Mandate pull date is 04/18/2014 [13-10750]

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Case: 13-10750 Document: 00512543529 Page: 1 Date Filed: 02/25/2014 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 13-10750 Summary Calendar United States Court of Appeals Fifth Circuit FILED February 25, 2014 GREGORY STEVEN GONZALES, Lyle W. Cayce Clerk Petitioner - Appellant v. ERNEST CHANDLER, Warden, Respondent - Appellee Appeals from the United States District Court for the Northern District of Texas USDC No. 4:13-CV-470 Before BARKSDALE, HAYNES, and HIGGINSON, Circuit Judges. PER CURIAM: * Gregory Steven Gonzales, proceeding in forma pauperis and pro se, federal prisoner # 32193-177, appeals the dismissal of his 28 U.S.C. § 2241 petition. It was dismissed because Gonzales failed to seek relief under 28 U.S.C. § 2255, as required, rather than under § 2241. Although pro se briefs are afforded liberal construction, claims must be briefed to be preserved. Yohey v. Collins, 985 F.2d 222, 225 (5th Cir. 1993) 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. * Case: 13-10750 Document: 00512543529 Page: 2 Date Filed: 02/25/2014 No. 13-10750 (citation omitted). Gonzales does not contend the district court erred by dismissing on this basis; therefore, he has failed to brief the relevant issue for appeal. See id. at 224–25. AFFIRMED. 2

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