Reginald Strother v. William Sherrod ( 2012 )

Case: 11-30573 Document: 00511730439 Page: 1 Date Filed: 01/19/2012
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
January 19, 2012
No. 11-30573
Summary Calendar Lyle W. Cayce
Clerk
REGINALD STROTHER,
Petitioner-Appellant
v.
WILLIAM A. SHERROD,
Respondent-Appellee
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 1:11-CV-273
Before HIGGINBOTHAM, DAVIS, and ELROD, Circuit Judges.
PER CURIAM:*
Reginald Strother, federal prisoner # 12594-078, was convicted of
possession with intent to distribute 50 grams or more of cocaine base and is
serving a life sentence. United States v. Strother, 387 F. App’x 508 (5th Cir.
2010) (affirming conviction). Strother has appealed the district court’s order
dismissing his application for a writ of habeas corpus under 28 U.S.C. § 2241, in
which Strother contended that the trial court in his criminal case lacked
jurisdiction.
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 11-30573 Document: 00511730439 Page: 2 Date Filed: 01/19/2012
No. 11-30573
Strother has moved for leave to file a supplemental brief. The motion is
GRANTED.
Strother has failed to brief the district court’s principal holding that his
jurisdictional challenge could not be asserted in a § 2241 application. See
Brinkmann v. Dallas County Deputy Sheriff Abner, 813 F.2d 744, 748 (5th Cir.
1987) (appellant’s failure to challenge the district court’s legal analysis or its
application in his case, “[i]n practical effect, . . . is the same as if he had not
appealed that judgment.”); Yohey v. Collins, 985 F.2d 222, 224-25 (5th Cir. 1993)
(issues not briefed adequately are waived); see also Tolliver v. Dobre, 211 F.3d
876, 877-78 (5th Cir. 2000).
The appeal is DISMISSED AS FRIVOLOUS. We CAUTION Strother that
the filing of frivolous appeals and other pleadings will invite the imposition of
a sanction.
2