IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 02-10193 Conference Calendar

WILLARD BRADDY,

Petitioner-Appellant,

versus

SAM L. PRATT,

Respondent-Appellee.

-------------------- Appeal from the United States District Court for the Northern District of Texas USDC No. 3:01-CV-1234-P -------------------- October 30, 2002

Before DeMOSS, BENAVIDES, and STEWART, Circuit Judges.

PER CURIAM:*

Willard Braddy, federal prisoner # 70460-198, appeals the

district court’s dismissal of his

petition.

Because Braddy seeks to challenge his conviction and 188-month

sentence for possession with the intent to distribute

methamphetamine, his petition should have been filed as a

motion. See Pack v. Yusuff,

(5th

Cir. 2000); Tolliver v. Dobre,

(5th Cir.

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 02-10193 -2-

2000). Although Braddy can proceed under

if he

demonstrates that

relief is inadequate or

ineffective, he fails to address this issue on appeal and has

therefore abandoned the argument. See Yohey v. Collins,

(5th Cir. 1993). Accordingly, the district court’s

judgment is AFFIRMED.