Clark v. Chandler
Clark v. Chandler
Opinion
F I L E D United States Court of Appeals Fifth Circuit IN THE UNITED STATES COURT OF APPEALS March 27, 2003 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk
No. 02-41412 Summary Calendar
CLINT EDWARD CLARK,
Petitioner-Appellant,
versus
ERNEST V. CHANDLER, Warden,
Respondent-Appellee.
-------------------- Appeal from the United States District Court for the Eastern District of Texas (1:00-CV-571) --------------------
Before DAVIS, WIENER, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Petitioner-Appellant Clint Edward Clark, federal prisoner #
29919-004, was convicted of bank robbery and sentenced to 262
months’ imprisonment. He appeals the dismissal of his
28 U.S.C. § 2241petition. He argued that the Bureau of Prisons violated his
right to privacy by disclosing personal medical information and
that it maintained records containing erroneous information in
violation of 5 U.S.C. § 522a(e)(5) and § 522a(g).
* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. The district court’s determination that claims like Clark’s
are cognizable only under
42 U.S.C. § 1983, not under
28 U.S.C. § 2241, is correct. Thus, the court’s dismissal of his petition for
failure to state a claim was not error. See Carson v. Johnson,
112 F.3d 818, 820(5th Cir. 1997). Neither is Clark’s claim that he
was erroneously sentenced as a career offender cognizable under
28 U.S.C. § 2241. See Tolliver v. Dobre,
211 F.3d 876, 877(5th Cir.
2000). The district court’s dismissal of Clark’s petition is
AFFIRMED.
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2
Reference
- Status
- Unpublished