IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
December 16, 2009
No. 08-51229
Summary Calendar Charles R. Fulbruge III
Clerk
JERALD LEE HINES
Petitioner-Appellant
v.
WARDEN CLAUDE MAY
Respondent-Appellee
Appeal from the United States District Court
for the Western District of Texas
USDC No. 1:08-CV-59-SS
Before KING, STEWART and HAYNES, Circuit Judges.
PER CURIAM:*
Jerald Lee Hines, federal prisoner # 48922-080, filed a 28 U.S.C. § 2241
petition arguing that the Bureau of Prisons (BOP) should be compelled to
consider his nunc pro tunc application to have the state prison in which he was
previously confined designated as the place that his federal sentence began. The
district court denied Hines’s petition, and Hines now appeals.
The denial of Hines’s § 2241 petition was based on the district court’s
findings that the BOP had considered Hines’s application and denied it, that the
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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. 08-51229
BOP did not err in denying Hines’s application, and that Hines’s claims in the
instant § 2241 petition were barred by the doctrine of res judicata. In his
appellate brief, Hines does not address any of these findings. By failing to
address the district court’s rationale for denying the § 2241 petition, Hines has
waived any challenge he could bring to the denial of his petition. See Brinkmann
v. Dallas County Deputy Sheriff Abner, 813 F.2d 744, 748 (5th Cir. 1987).
AFFIRMED.
2