Case: 16-20130 Document: 00513530806 Page: 1 Date Filed: 06/02/2016
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 16-20130
Summary Calendar
United States Court of Appeals
Fifth Circuit
FILED
June 2, 2016
Lyle W. Cayce
Clerk
SHANNON KEITH HARRIS,
Petitioner–Appellant,
versus
WARDEN FRANCISCO QUINTANA,
Respondent–Appellee.
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:15-CV-3416
Before REAVLEY, SMITH, and HAYNES, Circuit Judges.
PER CURIAM: *
Shannon Harris, federal prisoner # 16186-179, appeals the dismissal of
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
Case: 16-20130 Document: 00513530806 Page: 2 Date Filed: 06/02/2016
No. 16-20130
his 28 U.S.C. § 2241 petition in which he claimed that he is actually innocent
of his sentencing enhancement and that 28 U.S.C. § 2255’s savings clause per-
mitted him to bring this claim in a § 2241 petition. Harris is not required to
obtain a certificate of appealability. See Padilla v. United States, 416 F.3d 424,
425 (5th Cir. 2005).
When Harris filed his claim for relief in the Southern District of Texas,
he was incarcerated in Kentucky. The district court thus lacked jurisdiction to
consider the § 2241 petition because Harris was required to bring it in the dis-
trict where he was confined. See Padilla, 416 F.3d at 426; Lee v. Wetzel, 244
F.3d 370, 373 (5th Cir. 2001).
Accordingly, the judgment of dismissal is AFFIRMED. Harris’s motion
for release pending appeal is DENIED.
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