Nathan Cook v. Michael Pearce, Warden ( 2016 )

Case: 15-50592 Document: 00513497066 Page: 1 Date Filed: 05/09/2016
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 15-50592 FILED
Summary Calendar May 9, 2016
Lyle W. Cayce
Clerk
NATHAN LEE COOK,
Petitioner-Appellant
v.
MICHAEL PEARCE, Warden, Bastrop Federal Correctional Institution,
Respondent-Appellee
Appeal from the United States District Court
for the Western District of Texas
USDC No. 1:14-CV-913
Before GRAVES, HIGGINSON, and COSTA, Circuit Judges.
PER CURIAM: *
Nathan Lee Cook, federal prisoner # 11280-078, appeals the dismissal of
his 28 U.S.C. § 2241 petition for abuse of the writ. He is serving a sentence for
federal drug and firearm offenses. Cook’s petition alleged that he is being
unlawfully detained because he has not been given credit for time served while
he was in state custody. Also, he moves for leave to proceed in forma pauperis
(IFP).
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.
Case: 15-50592 Document: 00513497066 Page: 2 Date Filed: 05/09/2016
No. 15-50592
Because Cook’s § 2241 petition raised legal claims that were rejected in
a prior § 2241 proceeding, see Cook v. Meeks, Civ. No. 12-179, 2014 WL 2154897(W.D. Penn. May 22, 2014), the district court did not abuse its discretion when
it dismissed the new § 2241 petition for abuse of the writ. See 28 U.S.C.
§ 2244(a); United States v. Tubwell, 37 F.3d 175, 177-78 (5th Cir. 1994). We
DISMISS Cook’s appeal as frivolous, see 5TH CIR. R. 42.2, and DENY his IFP
motion.
2