Traylor v. Joslin

U.S. Courts of Appeals

Decided October 24, 2007

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U.S. Courts of Appeals · decided 2007-10-24

Applies 28 U.S.C. § 2241 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2255 (Antiterrorism and Effective Death Penalty Act of 1996)

Relies on Yohey v. Collins

Decided 2007-10-24

*919 PER CURIAM: *

¶1 Melvin Traylor, federal prisoner # 29612-077, filed an application for a writ of habeas corpus, invoking 28 U.S.C. § 2241, and challenging the sentence imposed related to his conviction of conspiracy to distribute crack cocaine. The district court construed the habeas application as an unauthorized successive 28 U.S.C. § 2255 motion and dismissed it without prejudice as an unauthorized successive § 2255 motion. Traylor argues the merits of his habeas claim only and does not discuss in his brief whether the district court erred. See Yohey v. Collins, 985 F.2d 222, 224-25 (5th Cir.1993) (issues not briefed are waived). The appeal is DISMISSED AS FRIVOLOUS.

¶2 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Ciu. R. 47.5.4.