Vandivere v. Lappin
Vandivere v. Lappin
Opinion
James Dow Vandivere, federal prisoner # 99078-011, is serving a 235-month prison term, imposed in the Northern District of California, for federal crimes related to child pornography and the sexual exploitation of children. Vandivere appeals the dismissal in the Southern District of Texas of his petition for habeas corpus filed under 28 U.S.C. § 2241.
Because Vandivere’s claims pertain to the validity of his conviction and sentence, the district court properly construed his application as a 28 U.S.C. § 2255 motion. See Tolliver v. Dobre, 211 F.3d 876, 877 (5th Cir. 2000); see also Reyes-Requena v. United States, 243 F.3d 893, 901 (5th Cir. 2001). The district court of the Southern District of Texas lacked jurisdiction over the § 2255 motion that challenged a sentence imposed in the Northern District of California. See § 2255. The judgment of district court is AFFIRMED.
All outstanding motions are DENIED.
Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under *299 the limited circumstances set forth in 5th Cir. R. 47.5.4.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.