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rejecting plaintiff's right to travel challenge because "nothing in SORNA places any restriction on [defendant's] movement from state to state"
Summary of this case from John Doe v. JindalOpinion
No. 10-40758 Summary Calendar.
March 14, 2011.
Ramon Jaimes Brito, Sheridan, OR, pro se.
Appeal from the United States "District Court for the Southern District of Texas, USDC No. 2:10-CV-150.
Before DAVIS, SMITH, and SOUTHWICK, Circuit Judges.
Ramon Jaimes Brito, federal inmate # 01798-298, appeals the dismissal for lack of jurisdiction of his 28 U.S.C. § 2241 petition challenging his guilty-plea conviction for conspiracy to possess with intent to distribute more than five kilograms of co-caine. Brito was incarcerated in Oregon at the time he filed his § 2241 petition. The district court, therefore, correctly determined that it lacked jurisdiction to consider his § 2241 petition, including the issue of whether his claims are properly brought under § 2241 via the savings clause of 28 U.S.C. § 2255. See Padilla v. United States, 416 F.3d 424, 425-26 (5th. Cir. 2005). The district court's dismissal without prejudice to refiling in the appropriate district court is AFFIRMED.