IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-50467
Summary Calendar
JOSE LOPEZ QUINTERO,
Petitioner-Appellant,
versus
UNITED STATES OF AMERICA,
Respondent-Appellee.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. SA-01-CV-250-OG
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November 28, 2001
Before JONES, SMITH, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Jose Lopez Quintero, federal prisoner # 42177-080, appeals
the district court’s dismissal of his 28 U.S.C. § 2241 petition.
Quintero argues that because this court previously denied him
permission to file a successive 28 U.S.C. § 2255 motion, another
motion under that section would be “inadequate or ineffective” to
test the legality of his detention.
We find that this court lacks jurisdiction to consider
Quintero’s appeal because the district court lacked jurisdiction
to consider his petition. A 28 U.S.C. § 2241 petition must be
*
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that this opinion should not be published and is not precedent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. 01-50467
-2-
filed in the district wherein the petitioner is incarcerated; any
other district lacks jurisdiction to entertain the petition. See
Lee v. Wetzel, 244 F.3d 370, 373 (5th Cir. 2001). Quintero’s
petition was filed in the Western District of Texas, but he was
incarcerated at a facility in the Eastern District of Texas.
Therefore, we DISMISS Quintero’s appeal for lack of
jurisdiction and DENY permission to proceed IFP. Quintero is
also WARNED that the submission of further frivolous pleadings,
to this or any other court subject to this court’s jurisdiction,
may subject him to sanctions.