Opinion
No. 08-51229 Summary Calendar.
December 16, 2009.
Jerald Lee Hines, Bastrop, TX, pro se.
Daniel M. Castillo, U.S. Attorney's Office, Western District of Texas, Austin, TX, for Respondent-Appellee.
Appeal from the United States District Court for the Western District of Texas, USDC No. 1:08-CV-59-SS.
Before KING, STEWAET and HAYNES, Circuit Judges.
Jerald Lee Hines, federal prisoner # 48922-080, filed a 28 U.S.C. § 2241 petition arguing that the Bureau of Prisons (BOP) should be compelled to consider his nunc pro tunc application to have the state prison in which he was previously confined designated as the place that his federal sentence began. The district court denied Hines's petition, and Hines now appeals.
The denial of Hines's § 2241 petition was based on the district court's findings that the BOP had considered Hines's application and denied it, that the BOP did not err in denying Hines's application, and that Hines's claims in the instant § 2241 petition were barred by the doctrine of res judicata. In his appellate brief, Hines does not address any of these findings. By failing to address the district court's rationale for denying the § 2241 petition, Hines has waived any challenge he could bring to the denial of his petition. See Brinkmann v. Dallas County Deputy Sheriff Abner, 813 F.2d 744, 748 (5th Cir. 1987).
AFFIRMED.