Orr v. United States

Case: 22-30300 Document: 00516618162 Page: 1 Date Filed: 01/20/2023

United States Court of Appeals for the Fifth Circuit United States Court of Appeals

Fifth Circuit FILED

January 20, 2023

No. 22-30300 Lyle W. Cayce

Clerk Jeremy Lynn Orr,

Petitioner—Appellant, versus

United States of America; Federal Bureau of Prisons; Warden Ma'at,

Respondents—Appellees. Appeal from the United States District Court for the Western District of Louisiana

USDC No. 2:22-CV-184

Before Wiener, Elrod, and Engelhardt, Circuit Judges.

Per Curiam:*

Petitioner-Appellant Jeremy Lynn Orr, federal prisoner # 33617-045, seeks leave to appeal in forma pauperis from the dismissal of his 28 U.S.C. § 2241 petition. Because Orr has not identified any error in the district court’s reasoning or shown that his appeal involves “legal points arguable on their

Case: 22-30300 Document: 00516618162 Page: 2 Date Filed: 01/20/2023

No. 22-30300 merits (and therefore not frivolous),” his petition is DENIED. See Howard v. King, 707 F.2d 215, 220 (5th Cir. 1983) (citation omitted).

Because Orr has not raised a viable § 2241 claim, there was no error in the district court’s denial of his motion for appointed counsel. See 18 U.S.C. § 3006A(a)(2)(B). His motion for appellate counsel is therefore also DENIED.

This frivolous appeal is DISMISSED. See 5th Cir. R. 42.2.