Sasser v. Quarterman

Full title: Dr. Terry W. SASSER, Petitioner-Appellant v. Nathaniel QUARTERMAN…

Court: United States Court of Appeals, Fifth Circuit

Date published: Jan 26, 2010

362 F. App'x 418 (5th Cir. 2010)

Opinion

No. 09-10809 Summary Calendar.

January 26, 2010.

Terry W. Sasser, Dr., Amarillo, TX, pro se.

Appeal from the United States District Court for the Northern District of Texas, Fort Worth, USDC No. 4:09-MC-18.

Before JOLLY, WIENER, and ELROD, Circuit Judges.

PER CURIAM:[fn*] [fn*] 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

Terry W. Sasser, pro se, appeals the district court's order denying his "Original Motion for Leave to File `Justicable Controversy Writ' 28 U.S.C. § 2254(b)(1)(B) (2000) Pursuant to the Futility Doctrine." The district court noted that, insofar as Sasser is seeking federal collateral relief, he must first exhaust all of his claims in state court and present his claims on the appropriate form for federal habeas actions.

Sasser's brief fails to demonstrate any basis for reversal of the district court's order. His appeal is utterly without merit and frivolous. Accordingly, it is DISMISSED. See 5TH CIR. R. 42.2. Sasser's motion for bail pending appeal is DENIED.