DEMOND JERED FOBBS v. MAIORANA (2017)

Demond Fobbs, federal prisoner # 11898-035, moves for leave to proceed in forma pauperis (“IFP”) to appeal the dismissal of his 28 U.S.C. § 2241 petition, in which he challenged his sentence as a career offender for conspiracy to distribute cocaine base. A movant seeking leave to proceed IFP on appeal must demonstrate that he is a pauper and that he will raise a nonfrivolous issue. See 28 U.S.C. § 1915(a)(1).); Carson v. Polley, 689 F.2d 562, 586 (5th Cir. 1982).

In his motion, Fobbs challenges the district court's dismissal, for want of jurisdiction, of his § 2241 petition for writ of habeas corpus. As noted by the district court, Fobbs's claims amount to a challenge to his sentence, and he has not met the burden of showing that the 28 U.S.C. § 2255 remedy is inadequate or ineffective as required by, e.g., Reyes-Requena v. United States, 243 F.3d 893, 904 (5th Cir. 2001). The district court did not err in dismissing the § 2241 petition. See § 2255(e). Accordingly, the motion for leave to proceed IFP and all outstanding motions are DENIED, and the appeal is DISMISSED as frivolous. See Howard v. King, 707 F.2d 215, 220 (5th Cir. 1983); see also 5TH CIR. R. 42.2.

PER CURIAM:*