Gooden v. Quarterman

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED October 2, 2007 No. 06-11130 Summary Calendar Charles R. Fulbruge III Clerk EDDIE LEE GOODEN, JR. Petitioner-Appellant v. NATHANIEL QUARTERMAN, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, CORRECTIONAL INSTITUTIONS DIVISION Respondent-Appellee Appeal from the United States District Court for the Northern District of Texas USDC No. 7:05-CV-221 Before REAVLEY, SMITH, and BARKSDALE, Circuit Judges. PER CURIAM:* Eddie Lee Gooden, Jr., Texas prisoner # 588165, appeals his preliminary- injunction motion’s being denied because he failed to provide notice to the Respondent, as required by federal and local rules. Gooden’s preliminary- injunction motion, related to the issues raised in his pending 28 U.S.C. § 2241 petition, in district court, is immediately appealable. 28 U.S.C. § 1292(a)(1); Lakedreams v. Taylor, 932 F.2d 1103, 1107 (5th Cir. 1991). Nevertheless, * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 06-11130 because Gooden has failed to address the basis for the district court’s denial, he has waived its review. E.g., Brinkmann v. Dallas County Deputy Sheriff Abner, 813 F.2d 744, 748 (5th Cir. 1987). AFFIRMED. 2