United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT January 13, 2005
Charles R. Fulbruge III
Clerk
No. 04-10726
Summary Calendar
COYETT DEON JOHNSON,
Petitioner-Appellant,
versus
WARDEN U.S. PENITENTIARY POLLOCK,
also known as Carl Casterline,
Respondent-Appellee.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 7:04-CR-77-R
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Before GARZA, DeMOSS, and CLEMENT, Circuit Judges.
PER CURIAM:*
Coyett Deon Johnson, federal prisoner # 07403-064, appeals
from the district court’s dismissal without prejudice of his
habeas corpus petition filed pursuant to 28 U.S.C. § 2254.
Johnson argues that the district court erred in determining that
it lacked subject matter jurisdiction.
We review the district court’s dismissal for lack of subject
matter jurisdiction de novo. See Peoples Nat’l Bank v. Office of
the Comptroller, 362 F.3d 333, 336 (5th Cir. 2004). Johnson
*
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this opinion should not be published and is not precedent except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. 04-10726
-2-
argues that his instant Oklahoma federal conviction was
improperly enhanced based upon an invalid state conviction from
Wichita County, Texas. Johnson concedes that he has discharged
his sentence on the Wichita County conviction and that he was not
successful in challenging this conviction on collateral review.
See Lackawanna County Dist. Attorney v. Coss, 532 U.S. 394, 402
(2001). Accordingly, the district court did not err in
dismissing his 28 U.S.C. § 2254 petition for lack of subject
matter jurisdiction. See id. The judgment of the district court
is AFFIRMED.