Demond Fobbs v. C. Maiorana, Warden

Filing

UNPUBLISHED OPINION ORDER FILED. [15-30733 Dismissed as Frivolous] Judge: EHJ, Judge: JES, Judge: JLD. Mandate pull date is 02/15/2017; denying motion to proceed IFP filed by Appellant Mr. Demond Jered Fobbs [8061613-2] [15-30733]

Case: 15-30733

Document: 00513848949

Page: 1

Date Filed: 01/25/2017

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 15-30733
Summary Calendar

United States Court of Appeals
Fifth Circuit

FILED
January 25, 2017
Lyle W. Cayce
Clerk

DEMOND JERED FOBBS,
Petitioner–Appellant,
versus
C. MAIORANA, Warden, Federal Correctional Institution Oakdale,
Respondent–Appellee.

Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 2:14-CV-1111

Before JONES, SMITH, and DENNIS, Circuit Judges.
PER CURIAM: *
Demond Fobbs, federal prisoner # 11898-035, moves for leave to proceed

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 15-30733

Document: 00513848949

Page: 2

Date Filed: 01/25/2017

No. 15-30733
in forma pauperis (“IFP”) to appeal the dismissal of his 28 U.S.C. § 2241 petition, in which he challenged his sentence as a career offender for conspiracy to
distribute cocaine base. A movant seeking leave to proceed IFP on appeal must
demonstrate that he is a pauper and that he will raise a nonfrivolous issue.
See 28 U.S.C. § 1915(a)(1).); Carson v. Polley, 689 F.2d 562, 586 (5th Cir. 1982).
In his motion, Fobbs challenges the district court’s dismissal, for want of
jurisdiction, of his § 2241 petition for writ of habeas corpus. As noted by the
district court, Fobbs’s claims amount to a challenge to his sentence, and he has
not met the burden of showing that the 28 U.S.C. § 2255 remedy is inadequate
or ineffective as required by, e.g., Reyes-Requena v. United States, 243 F.3d
893, 904 (5th Cir. 2001). The district court did not err in dismissing the § 2241
petition. See § 2255(e). Accordingly, the motion for leave to proceed IFP and
all outstanding motions are DENIED, and the appeal is DISMISSED as
frivolous. See Howard v. King, 707 F.2d 215, 220 (5th Cir. 1983); see also 5TH
CIR. R. 42.2.

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