IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 02-10234 Conference Calendar

JUAN RAMON MARTINEZ,

Petitioner-Appellant,

versus

L. E. FLEMING, Warden,

Respondent-Appellee.

-------------------- Appeal from the United States District Court for the Northern District of Texas USDC No. 4:01-CV-826-A -------------------- October 30, 2002

Before DeMOSS, BENAVIDES, and STEWART, Circuit Judges.

PER CURIAM:*

Juan Ramon Martinez, federal prisoner #04139-030, appeals

from the denial of his petition seeking relief under

. The district court held, because Martinez was

challenging the legality of his conviction, his claim must be

raised in a motion filed pursuant to

and that

Martinez had failed to show that the savings clause of

was applicable. A prior unsuccessful

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 02-10234 -2-

motion does not render that remedy inadequate or ineffective.

See Tolliver v. Dobre,

(5th Cir. 2000).

Martinez has failed to show on appeal that he is entitled to

application of the savings clause.

Accordingly, the district court’s judgment is AFFIRMED.