Caderno v. Franco
Opinion
Juan Vicente Caderno, federal prisoner # 35223-004, appeals the denial of his 28 U.S.C. § 2241 petition challenging his cocaine-related convictions. The district court held that while styled as a § 2241 petition, his pleading was subject to dismissal without prejudice as an unauthorized successive 28 U.S.C. § 2255 motion. Caderno has inadequately briefed the issue whether the district court erred by construing his pleading as such and instead merely recites the law pertaining to the filing of § 2241 petitions without applying it to the facts of his case. He does not address the issues whether the § 2255 remedy is inadequate or ineffective or, alternatively, whether he meets the criteria for filing a successive § 2255 motion. He has therefore waived review of these issues. See Brinkmann v. Dallas County Deputy Sheriff Abner, 813 F.2d 744, 748 (5th Cir. 1987).
AFFIRMED.
Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
Reference
- Full Case Name
- Juan Vicente CADERNO, Petitioner-Appellant, v. Rudy FRANCO, Warden of Reeves County Detention Center, Respondent-Appellee
- Status
- Unpublished