Clark v. Chandler

U.S. Court of Appeals for the Fifth Circuit

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. § 2241

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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

S:\OPINIONS\UNPUB\02\02-41412.0.wpd 4/29/04 12:07 pm

2

Reference

Status
Unpublished