Jones v. Casterline

United States Court of Appeals Fifth Circuit FILED IN THE UNITED STATES COURT OF APPEALS August 18, 2004 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk No. 04-30167 Conference Calendar AUTRY LEE JONES, Petitioner-Appellant, versus C. CASTERLINE, Respondent-Appellee. -------------------- Appeal from the United States District Court for the Western District of Louisiana USDC No. 03-CV-1758 -------------------- Before HIGGINBOTHAM, DAVIS, and PICKERING, Circuit Judges. PER CURIAM:* Autry Lee Jones, currently federal prisoner # 52873-080, appeals the district court’s denial of his purported 28 U.S.C. § 2241 petition challenging a life sentence he received in Harris County, Texas, following his October 1981 Texas state-court conviction for possession of a controlled substance. Jones’s petition was an unauthorized filing over which the district court did not have jurisdiction. See Jeffers v. Chandler, 253 F.3d 827, 830 (5th Cir. 2001); United States v. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 04-30167 -2- Early, 27 F.3d 140, 141-42 (5th Cir. 1994). Jones’s appeal is without arguable merit and is DISMISSED as FRIVOLOUS. See Howard v. King, 707 F.2d 215, 219-20 (5th Cir. 1983); 5TH CIR. R. 42.2.