IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
__________________
No. 96-50149
Summary Calendar
__________________
TYRONE FARRIS,
Petitioner-Appellant,
versus
STATE OF OKLAHOMA,
Respondent-Appellee.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. W-96-CV-37
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May 31, 1996
Before DAVIS, BARKSDALE and DeMOSS, Circuit Judges.
PER CURIAM:*
Tyrone Farris appeals a district court judgment dismissing
his petition for a writ of habeas corpus construed as being
pursuant to 28 U.S.C. § 2241 by the district court. He has filed
a motion for a certificate of probable cause (CPC) pursuant to
Fed. R. App. P. 22(b).
*
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that this opinion should not be published and is not precedent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. 96-50149
-2-
Because Farris' petition does not contest the legality of
his conviction or the validity of his initial sentence, his
motion for a CPC to appeal the dismissal of his § 2241 petition
is DENIED AS UNNECESSARY.
Farris addresses the merits of his alleged constitutional
claim arising out of his transfer, but he does not address the
basis of the district court's dismissal for failure to exhaust
state remedies. Failure to identify any error in the district
court's analysis is the same as if the appellant had not appealed
that judgment. Brinkmann v. Dallas County Deputy Sheriff Abner,
813 F.2d 744, 748 (5th Cir. 1987).
Accordingly, Farris' application for a certificate of
probable cause is DENIED AS UNNECESSARY, and the judgment of the
district court is AFFIRMED.