United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT October 7, 2003
Charles R. Fulbruge III
Clerk
No. 03-40450
Summary Calendar
COY LYNN OWENS,
Petitioner-Appellant,
versus
SUZANNE HASTINGS, Warden,
Respondent-Appellee.
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Appeal from the United States District Court
for the Eastern District of Texas
(5:02-CV-67)
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Before JOLLY, WIENER, and DENNIS, Circuit Judges.
PER CURIAM:*
Petitioner-Appellant Coy Owens, federal prisoner # 04702-078,
appeals from the dismissal with prejudice of his 28 U.S.C. § 2241
petition. Owens is currently serving a 210-month sentence on his
convictions for multiple counts of mail fraud, conspiracy to commit
mail fraud, aiding and abetting, and use of fire to commit a
felony. Owens argues that the district court erred in determining
that his defective indictment claim did not meet the criteria for
*
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this opinion should not be published and is not precedent except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.
bringing a claim pursuant to the “savings clause” of 28 U.S.C.
§ 2255.
Owens’s reliance on Jones v. United States, 529 U.S. 848
(2000), and Neder v. United States, 527 U.S. 1 (1999), does not
satisfy the requirements for filing a 28 U.S.C. § 2241 petition.
See Reyes-Requena v. United States, 243 F.3d 893, 904 (5th Cir.
2001). Owens’s arguments that the district court should have
transferred his 28 U.S.C. § 2241 petition to us for consideration
as a 28 U.S.C. § 2255 motion, and that the “savings clause”
constitutes a Suspension of the Writ, also fail. See Reyes-
Requena, 243 F.3d at 901 n.19; Pack v. Yusuff, 218 F.3d 448, 452
(5th Cir. 2000).
Owens has not briefed his arguments related to violations of
Accardi v. Shaughnessy, 347 U.S. 260 (1954), and the fair warning
doctrine. Accordingly, these arguments are abandoned on appeal.
See Yohey v. Collins, 985 F.3d 222, 225 (5th Cir. 1993). The
judgment of the district court is
AFFIRMED.
2