James Deaver v. Claude Maye

Case: 12-50886 Document: 00512152175 Page: 1 Date Filed: 02/22/2013
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
February 22, 2013
No. 12-50886
Summary Calendar Lyle W. Cayce
Clerk
JAMES EDWARD DEAVER,
Petitioner-Appellant
v.
WARDEN CLAUDE MAYE,
Respondent-Appellee
Appeal from the United States District Court
for the Western District of Texas
USDC No. 6:10-CV-15
Before WIENER, ELROD, and GRAVES, Circuit Judges.
PER CURIAM:*
James Edward Deaver, federal prisoner # 91858-080, appeals the
dismissal of his 28 U.S.C. § 1651(a) petition. Deaver claims that the denial of his
§ 1651(a) petition was error, arguing that such a petition is the only remedy
available to him to seek invalidation of his unjust sentence for conspiracy to
possess with intent to distribute amphetamine. As he attacks the validity of his
sentence, his claim arises under § 2255, thus relief under the All Writs Act is
unavailable to him. See Carlisle v. United States, 517 U.S. 416, 429 (1996); see
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-50886 Document: 00512152175 Page: 2 Date Filed: 02/22/2013
No. 12-50886
also Tolliver v. Dobre, 211 F.3d 876, 877 (5th Cir. 2000). The district court
properly dismissed the petition because we did not authorize the filing of a
successive § 2255 motion. Accordingly, the appeal is frivolous, and it is
dismissed. See Howard v. King, 707 F.2d 215, 220 (5th Cir. 1983); 5TH CIR.
R. 42.2.
2