Filed: Feb. 13, 1996
Latest Update: Mar. 02, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _ No. 95-40817 Conference Calendar _ MILTON L. SHUBBIE, Petitioner-Appellant, versus JOHN BUFFINGTON, in his official capacity as U.S. Parole Commissioner, Respondent-Appellee. - - - - - - - - - - Appeal from the United States District Court for the Eastern District of Texas USDC No. 5:94-CV-30 - - - - - - - - - - April 19, 1996 Before DUHÉ, DeMOSS, and DENNIS, Circuit Judges. PER CURIAM:* Milton L. Shubbie appeals from the denial of hi
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _ No. 95-40817 Conference Calendar _ MILTON L. SHUBBIE, Petitioner-Appellant, versus JOHN BUFFINGTON, in his official capacity as U.S. Parole Commissioner, Respondent-Appellee. - - - - - - - - - - Appeal from the United States District Court for the Eastern District of Texas USDC No. 5:94-CV-30 - - - - - - - - - - April 19, 1996 Before DUHÉ, DeMOSS, and DENNIS, Circuit Judges. PER CURIAM:* Milton L. Shubbie appeals from the denial of his..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
__________________
No. 95-40817
Conference Calendar
__________________
MILTON L. SHUBBIE,
Petitioner-Appellant,
versus
JOHN BUFFINGTON, in his official capacity
as U.S. Parole Commissioner,
Respondent-Appellee.
- - - - - - - - - -
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 5:94-CV-30
- - - - - - - - - -
April 19, 1996
Before DUHÉ, DeMOSS, and DENNIS, Circuit Judges.
PER CURIAM:*
Milton L. Shubbie appeals from the denial of his motion
pursuant to FED. R. CIV. P. 60(b), following the denial of his
petition for habeas corpus relief pursuant to 28 U.S.C. § 2241.
Shubbie contends that the Parole Commission delayed
resolution of his case; that his state-court convictions did not
warrant parole revocation; that his federal parole had expired
before he was convicted in state court and that the parole
officer's warrant application against him was premature; that the
*
Pursuant to Local Rule 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that this opinion should not be published and is not precedent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 Local Rule
47.5.4.
No. 95-40817
-2-
Parole Commission lost jurisdiction over him in 1985, when he was
transferred to state custody; that this court awarded him credit
for his time in state custody; that the Parole Commission revoked
his parole on insufficient evidence regarding the state charges
against him; that his parole had outlived itself because federal
officials mistakenly turned him over to Louisiana authorities;
that he was deprived of his right to carry legal documents from
state custody to federal custody; and that the Parole Commission
violated the Double Jeopardy Clause by denying him credit for
time spent in state custody and federal custody. He also lists
as issues whether his parole should be terminated based on the
date of his state-court conviction and whether it was proper for
the Parole Commission to deny him credit for time spent in state
custody. Additionally, Shubbie requests that this court
terminate his parole.
Shubbie does not brief whether the district court abused its
discretion by denying his Rule 60(b) motion, see Travelers Ins.
Co. v. Liljeberg Enter., Inc.,
38 F.3d 1404, 1408 (5th Cir.
1994); nor does he brief whether he exhausted administrative
remedies regarding the revocation of his parole. See Fuller v.
Rich,
11 F.3d 61, 62 (5th Cir. 1994). Shubbie has abandoned the
relevant issues on appeal, see Brinkmann v. Dallas County Deputy
Sheriff Abner,
813 F.2d 844, 848 (5th Cir. 1987); we will not
consider the issues he does raise on appeal.
APPEAL DISMISSED. See 5TH CIR. R. 42.2.