SHANNON KEITH HARRIS v. WARDEN FRANCISCO QUINTANA (2016)

United States Court of Appeals, Fifth Circuit.

SHANNON KEITH HARRIS, Petitioner–Appellant, v. WARDEN FRANCISCO QUINTANA, Respondent–Appellee.

No. 16-20130

Decided: June 02, 2016

Before REAVLEY, SMITH, and HAYNES, Circuit Judges.

Shannon Harris, federal prisoner # 16186-179, appeals the dismissal of his 28 U.S.C. § 2241 petition in which he claimed that he is actually innocent of his sentencing enhancement and that 28 U.S.C. § 2255's savings clause permitted him to bring this claim in a § 2241 petition. Harris is not required to obtain a certificate of appealability. See Padilla v. United States, 416 F.3d 424, 425 (5th Cir. 2005).

When Harris filed his claim for relief in the Southern District of Texas, he was incarcerated in Kentucky. The district court thus lacked jurisdiction to consider the § 2241 petition because Harris was required to bring it in the district where he was confined. See Padilla, 416 F.3d at 426; Lee v. Wetzel, 244 F.3d 370, 373 (5th Cir. 2001).

Accordingly, the judgment of dismissal is AFFIRMED. Harris's motion for release pending appeal is DENIED.

PER CURIAM:*

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