IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-10296
Summary Calendar
RICHARD JAMES BARNARD,
Plaintiff-Appellant,
versus
UNITED STATES PAROLE COMMISSION,
Defendant-Appellee.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:94-CV-1647-G
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January 3, 1997
Before REAVLEY, BARKSDALE and DENNIS, Circuit Judges.
PER CURIAM:*
Richard James Barnard appeals the district court’s dismissal
of a petition for habeas relief brought pursuant to 28 U.S.C.
§ 2241; a claim for violation of the Freedom of Information Act
(FOIA) brought pursuant to 5 U.S.C. § 552; and a claim for
violation of the Privacy Act brought pursuant to 5 U.S.C. § 552a.
As Barnard was not incarcerated in the Northern District of Texas
*
Pursuant to Local Rule 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that this opinion should not be published and is not precedent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 Local Rule
47.5.4.
No. 96-10296
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when he first asserted his 28 U.S.C. § 2241 petition and as he is
not currently incarcerated therein, the district court lacked
jurisdiction over Barnard’s petition for habeas relief. See
United States v. Brown, 753 F.2d 455 (5th Cir. 1985). We affirm
the district court’s decision regarding Barnard’s FOIA and
Privacy Act claims for essentially the same reasons stated by the
magistrate judge. Barnard v. United States Parole Commission,
3:94-CV-1647-G (N.D. Tex. Jan. 24, 1996).
AFFIRMED.