IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
__________________
No. 95-40629
Conference Calendar
__________________
JIMMY RAY HILL, also known as
Greg Bolling,
Petitioner-Appellant,
versus
UNITED STATES OF AMERICA,
Respondent-Appellee.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. C-95-CV-190
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March 1, 1996
Before GARWOOD, JONES, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Jimmy Ray Hill appeals from the district court's dismissal
without prejudice of his habeas petition, which the district
court construed as a 28 U.S.C. § 2255 motion. Hill's appellate
brief is construed as a motion to proceed in forma pauperis (IFP)
on appeal. Because Hill's alleged errors occurred at or prior to
sentencing, his habeas petition was properly construed as a
motion seeking relief pursuant to § 2255. See United States v.
Gabor, 905 F.2d 76, 77 (5th Cir. 1990); Solsona v. Warden, 821
F.2d 1129, 1132 (5th Cir. 1987). Section 2255 motions must be
*
Pursuant to Local Rule 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that this opinion should not be published and is not precedent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 Local Rule
47.5.4.
No. 95-40629
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filed in the district in which the petitioner was sentenced.
Solsona, 821 F.2d at 1132. Hill filed his motion in the Southern
District of Texas, but he was sentenced in the Western District
of Texas. The district court therefore lacked jurisdiction to
entertain Hill's motion. Hill's motion to proceed IFP on appeal
is DENIED and the appeal is DISMISSED.
DISMISSED.