Demond Fobbs v. C. Maiorana, Warden
UNPUBLISHED OPINION ORDER FILED.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]
Date Filed: 01/25/2017
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
January 25, 2017
Lyle W. Cayce
DEMOND JERED FOBBS,
C. MAIORANA, Warden, Federal Correctional Institution Oakdale,
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
Date Filed: 01/25/2017
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.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?