United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT February 13, 2007
Charles R. Fulbruge III
Clerk
No. 05-51041
Conference Calendar
JUAN VICENTE CADERNO,
Petitioner-Appellant,
versus
RUDY FRANCO, Warden of Reeves County Detention Center,
Respondent-Appellee.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. 4:03-CV-88
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Before BARKSDALE, GARZA, and CLEMENT, Circuit Judges.
PER CURIAM:*
Juan Vicente Caderno, federal prisoner # 35223-004, appeals
the denial of his 28 U.S.C. § 2241 petition challenging his
cocaine-related convictions. The district court held that while
styled as a § 2241 petition, his pleading was subject to
dismissal without prejudice as an unauthorized successive
28 U.S.C. § 2255 motion. Caderno has inadequately briefed the
issue whether the district court erred by construing his pleading
as such and instead merely recites the law pertaining to the
filing of § 2241 petitions without applying it to the facts of
*
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this opinion should not be published and is not precedent except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. 05-51041
-2-
his case. He does not address the issues whether the § 2255
remedy is inadequate or ineffective or, alternatively, whether he
meets the criteria for filing a successive § 2255 motion. He has
therefore waived review of these issues. See Brinkman v. Dallas
County Deputy Sheriff Abner, 813 F.2d 744, 748 (5th Cir. 1987).
AFFIRMED.