Filed: Jan. 05, 2009
Latest Update: Feb. 21, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED January 5, 2009 No. 08-60022 Summary Calendar Charles R. Fulbruge III Clerk JASON BOWEN Petitioner-Appellant v. CONSTANCE REESE, Warden Respondent-Appellee Appeal from the United States District Court for the Southern District of Mississippi USDC No. 5:07-CV-48 Before HIGGIBOTHAM, BARKSDALE, and ELROD, Circuit Judges. PER CURIAM:* Jason Bowen, federal prisoner # 09907-031, appeals the d
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED January 5, 2009 No. 08-60022 Summary Calendar Charles R. Fulbruge III Clerk JASON BOWEN Petitioner-Appellant v. CONSTANCE REESE, Warden Respondent-Appellee Appeal from the United States District Court for the Southern District of Mississippi USDC No. 5:07-CV-48 Before HIGGIBOTHAM, BARKSDALE, and ELROD, Circuit Judges. PER CURIAM:* Jason Bowen, federal prisoner # 09907-031, appeals the di..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
January 5, 2009
No. 08-60022
Summary Calendar Charles R. Fulbruge III
Clerk
JASON BOWEN
Petitioner-Appellant
v.
CONSTANCE REESE, Warden
Respondent-Appellee
Appeal from the United States District Court
for the Southern District of Mississippi
USDC No. 5:07-CV-48
Before HIGGIBOTHAM, BARKSDALE, and ELROD, Circuit Judges.
PER CURIAM:*
Jason Bowen, federal prisoner # 09907-031, appeals the dismissal of his
28 U.S.C. § 2241 petition. Bowen alleged that he was subjected to and engaged
in sexual activity with Tennessee prison officials and that drugs were planted
in his cubicle. Bowen asserted that as a result of these incidents, he was
confined in a special housing unit and subsequently was transferred to a prison
in Mississippi. Bowen contends that because he is asserting that he is
incarcerated in the wrong prison, § 2241 is the proper vehicle for his claims.
*
Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be
published and is not precedent except under the limited circumstances set forth in 5th Cir.
R. 47.5.4.
No. 08-60022
Because a favorable determination would not automatically entitle Bowen
to accelerated release from custody, his claims do not arise under § 2241. See
Carson v. Johnson,
112 F.3d 818, 820–21 (5th Cir. 1997). Claims that have no
relation to a prisoner’s ultimate date of release from custody are not grounds for
habeas relief. Malchi v. Thaler,
211 F.3d 953, 958–59 (5th Cir. 2000). The
judgment of the district court is AFFIRMED.
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