IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-10366
Conference Calendar
BYRON LAMONTE MCCUTCHEON,
Petitioner-Appellant,
versus
BOB GUZIK, Warden, Federal Medical
Center, Fort Worth, Texas,
Respondent-Appellee.
--------------------
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:00-CV-1754-A
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August 21, 2001
Before KING, Chief Judge, and POLITZ and PARKER, Circuit Judges.
PER CURIAM:*
Byron Lamonte McCutcheon, federal prisoner #60246-080,
appeals the district court’s denial of his postjudgment motion
challenging the judgment that dismissed his 28 U.S.C. § 2241
petition. McCutcheon’s motion is construed as a Fed. R. Civ.
P. 60(b) motion, the denial of which we review for abuse of
discretion. Travelers Ins. Co. v. Liljeberg Enter., Inc., 38
F.3d 1404, 1408 (5th Cir. 1994); Hamilton Plaintiffs v. Williams
Plaintiffs, 147 F.3d 367, 371 n.10 (5th Cir. 1998).
*
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that this opinion should not be published and is not precedent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. 01-10366
-2-
McCutcheon did not make the showing required to proceed
under 28 U.S.C. § 2241. See Reyes-Requena v. United States, 243
F.3d 893, 904 (5th Cir. 2001). Accordingly, he has not shown
that the district court’s denial of his Fed. R. Civ. P. 60(b)
motion was an abuse of discretion. See Travelers Ins. Co., 38
F.3d at 1408. The judgment of the district court is AFFIRMED.