United States Court of Appeals
Fifth Circuit
F I L E D
UNITED STATES COURT OF APPEALS
FIFTH CIRCUIT July 21, 2004
Charles R. Fulbruge III
Clerk
No. 04-10258
Summary Calendar
DOYCE ELLIOTT HUNT,
Petitioner-Appellant,
versus
UNITED STATES OF AMERICA; TERRELL L. HARRIS,
U.S. Attorney; L. E. FLEMING, Warden,
Respondents-Appellees.
Appeal from the United States District Court
Northern District of Texas
(4:04-CV-129-A)
Before BARKSDALE, EMILIO M. GARZA, and DENNIS, Circuit Judges
PER CURIAM:*
In August 2002, Doyce Elliott Hunt, federal prisoner #18118-
078, was convicted of conspiracy to manufacture methamphetamine.
He appeals, pro se, the denial of his 28 U.S.C. § 2241 federal
habeas petition challenging that conviction. The district court
denied Hunt’s petition on the basis that: Hunt admitted he had
previously filed a § 2255 motion; he could not meet the
requirements for filing a successive habeas petition; and his §
*
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this opinion should not be published and is not precedent except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.
2241 petition was merely an attempt to circumvent those
requirements.
The district court erred, however, because Hunt did not
acknowledge the previous filing of a 28 U.S.C. § 2255 motion and
there is no record of Hunt having done so. Although that basis for
the denial is erroneous, we may affirm on any basis supported by
the record. See United States v. Real Property, 123 F.3d 312, 313
(5th Cir. 1997).
Hunt’s § 2241 petition was properly denied on the ground that
he failed to show that his remedy under 28 U.S.C. § 2255 was
inadequate or ineffective. See Reyes-Requena v. United States, 243
F.3d 893, 901 (5th Cir. 2001).
AFFIRMED
2