IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-40417
Summary Calendar
HERMAN PALMER,
Petitioner-Appellant,
versus
MELINDA BOZARTH ET AL.,
Respondents-Appellees.
---------------------
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:96-CV-669
---------------------
July 29, 1998
Before DUHE’ EMILIO M. GARZA and DeMOSS, Circuit Judges.
PER CURIAM:*
Herman Palmer, Texas prisoner # 537392, seeks to appeal the
dismissal of what he denominated as an application for a writ of
habeas corpus filed pursuant to 28 U.S.C. § 2241. Although
Palmer purported to file this action under 28 U.S.C. § 2241, his
action complaining of policies affecting his good-conduct time
and for the restoration of good-conduct time is more properly
*
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that this opinion should not be published and is not precedent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.
No. 97-40417
- 2 -
construed as arising under § 2254. See Hallmark v. Johnson, 118
F.3d 1073, 1075-76 (5th Cir.) (COA required in a case involving a
challenge to TDCJ’s policy involving the restoration of good-
conduct time), cert. denied, 118 S. Ct. 576 (1997); Story v.
Collins, 920 F.2d 1247, 1250-51 (5th Cir. 1991) (good-conduct
time claim attacks conditions of restraint under judgment of
conviction).
Palmer may not take an appeal in this case unless he first
obtains a certificate of appealability (COA), which must be ruled
on in the first instance by the district court. 28 U.S.C.
§ 2253(c)(1); Muniz v. Johnson, 114 F.3d 43, 45 (5th Cir. 1997).
Compliance with the COA requirement of § 2253(c) is
jurisdictional, and the lack of a ruling on a COA in the district
court causes this court to be without jurisdiction to consider
this appeal. Muniz, 114 F.3d at 45. This case is therefore
REMANDED to the district court for the limited purpose of
obtaining a ruling on a COA. If the district court decides to
issue a COA, it must specify the issues which warrant review.
Muniz, 114 F.3d at 45.
REMANDED.