United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT August 19, 2003
Charles R. Fulbruge III
Clerk
No. 03-20260
Conference Calendar
ALI REZA DADI,
Petitioner-Appellant,
versus
CHRISTINE G. DAVIS; JOSEPH HARO,
Respondents-Appellees.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-02-CV-3746
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Before JONES, WIENER, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Ali Reza Dadi (“Dadi”), federal prisoner number 59270-079,
appeals the district court’s dismissal of his 28 U.S.C. § 2241
petition for writ of habeas corpus as a successive or time-barred
28 U.S.C. § 2255 motion. Dadi argues for the first time on
appeal that his petition was erroneously construed and
erroneously transferred because he was challenging an INS
detainer, not his convictions or sentence. Dadi also argues for
the first time on appeal that the district court judge should
*
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that this opinion should not be published and is not precedent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. 03-20260
-2-
have recused himself. This court will consider an issue that is
raised for the first time on appeal only if the issue “presents a
purely legal question and failure to address it would result in
grave injustice.” Kelly v. Foti, 77 F.3d 819, 822 (5th Cir.
1996). Because no grave injustice would result from declining to
consider Dadi’s arguments and the recusal issue is not purely a
legal question, the court will not consider the issues raised by
Dadi. See id.
As there is no argument properly before this court, the
appeal is frivolous and is dismissed as such. See Howard v.
King, 707 F.2d 215, 219-20 (5th Cir. 1983); 5TH CIR. R. 42.2.
APPEAL DISMISSED.