Green v. Jeter ( 2005 )

United States Court of Appeals
Fifth Circuit
F I L E D
UNITED STATES COURT OF APPEALS
FIFTH CIRCUIT December 8, 2005
Charles R. Fulbruge III
Clerk
No. 05-10377
Summary Calendar
DOUGLAS GREEN,
Petitioner-Appellant,
versus
COLE JETER, Warden, Federal Medical Center
Fort Worth,
Respondent-Appellee.
Appeal from the United States District Court
for the Northern District of Texas
(4:05-CV-122)
Before BARKSDALE, STEWART, and CLEMENT, Circuit Judges.
PER CURIAM:*
Convicted in 1997 on drug charges and given a 144-month
sentence, Douglas Green (federal prisoner # 72853-079), pursuant to
28 U.S.C. § 2241, challenges, pro se, the Bureau of Prisons’
(BOP’s) method of calculating his good-time credits under 18 U.S.C.
§ 3624(b).
Green claims the BOP incorrectly interpreted § 3624(b),
resulting in the potential loss of 84 days of good-time credits.
Green seeks to have the BOP ordered to credit him the total amount
*
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this opinion should not be published and is not precedent except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.
of good-time credits (648 days) to which he believes he is
entitled, based on his 12-year sentence.
In Sample v. Morrison, 406 F.3d 310, 312-13 (5th Cir. 2005),
for the claim Green advances, the appeal was dismissed for lack of
subject-matter jurisdiction because the petition was not ripe for
review. The court concluded the “temporally distant and
speculative nature” of the claims rendered the § 2241 petition
premature. Id.
Green is seeking the same relief found premature in Sample.
Therefore, this instant appeal is DISMISSED for lack of subject-
matter jurisdiction.
APPEAL DISMISSED.
2