IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 01-40480 Conference Calendar

JAVIER RUIZ-AVILES,

Petitioner-Appellant,

versus

UNITED STATES OF AMERICA,

Respondent-Appellee.

-------------------- Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:00-CV-374 -------------------- December 12, 2001 Before HIGGINBOTHAM, BARKSDALE, and STEWART, Circuit Judges.

PER CURIAM:*

Javier Ruiz-Aviles (“Ruiz”), federal inmate # 46217-079,

appeals the district court’s dismissal of his

petition, in which he attacked the validity of his conviction.

Ruiz argues that his claim was properly brought in a

petition because relief under

is inadequate as he cannot meet the requirements for filing a

successive § 2255 motion.

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 01-40480 -2-

Ruiz has failed to demonstrate that the district court

erred in concluding that

relief was not

inadequate. See Tolliver v. Dobre,

(5th Cir. 2000); see also Reyes-Requena v. United States,

, 906 n.34 (5th Cir. 2001). Therefore, the decision of

the district court is AFFIRMED.