Sheptin vs. Fleming (5th Cir. 2003)

Federal Circuits, 5th Cir. (March 13, 2003)

Docket number: 02-11115


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Id. vLex: VLEX-18408122

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* Pursuant to 5 TH C IR . R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .

R. 47.5.4. UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 02-11115 Summary Calendar LOUIS CHARLES SHEPTIN, Petitioner-Appellant, VERSUS LESTER FLEMING, Warden, Federal Medical Center-Fort Worth, Respondent-Appellee.

Appeal from the United States District Court For the North District of Texas USDC No. 4:02-CV-533-A March 12, 2003 Before BARKSDALE, DeMOSS, and BENAVIDES, Circuit Judges.

PER CURIAM: * Louis Charles Sheptin, federal inmate # 90355-024, appeals the dismissal of his petition for habeas relief, filed pursuant to 28 U.S.C. § 2241, in which he alleged that he was entitled to sentence credit for time served while he was an escapee. The G:\OPIN-SC\02-11115.opn.wpd district court dismissed SheptinÂ’s petition because he failed to exhaust his administrative remedies. Sheptin has waived the only appellate issue by failing to brief it. Y ohey v. Collins , 985 F.2d 222, 224-25 (5th Cir. 1993); F ED . R. A PP . P. 28(a)(9)(A) and (B).

SheptinÂ’s motion to supplement his brief is DENIED. The judgment of the district court is AFFIRMED. SheptinÂ’s motion for the appointment of counsel is also DENIED.

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