United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT August 20, 2003
Charles R. Fulbruge III
Clerk
No. 02-11394
Conference Calendar
GARY WILLIAM HOLT,
Petitioner-Appellant,
versus
L.E. FLEMING, Warden,
Federal Medical Center-Fort Worth,
Respondent-Appellee.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:02-CV-704-Y
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Before JONES, WIENER, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Gary William Holt (“Holt”), federal prisoner number 33069-
138, appeals the district court’s order dismissing with prejudice
Holt’s petition for writ of habeas corpus. Holt argues that the
district court erred in finding that he did not satisfy the
requirements for filing a 28 U.S.C. § 2241 petition under 28
U.S.C. § 2255’s “savings clause.”
*
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that this opinion should not be published and is not precedent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. 02-11394
-2-
Holt has not met his burden of showing that he meets the
requirements for filing a § 2241 petition under the savings
clause of § 2255. He has neither pointed to a retroactively
applicable Supreme Court decision which establishes that he may
have been imprisoned for conduct that was not prohibited by law
nor shown how his claim was foreclosed by circuit law at the time
of his guilty-plea conviction, appeal, or first § 2255 motion.
See Reyes-Requena v. United States, 243 F.3d 893, 903-04 (5th
Cir. 2001). The district court did not err when it declined to
rule on Holt’s requests that it take judicial notice, as a court
is presumed to know the relevant law. See Anderson v. Collins,
18 F.3d 1208, 1222 (5th Cir. 1994).
AFFIRMED.