Branch v. Dretke

* 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this opinion should not be published and is not precedent except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.
United States Court of Appeals
Fifth Circuit
F I L E D
June 21, 2005
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 04-10954
Conference Calendar
ANGELO DEWELL BRANCH,
Petitioner-Appellant,
versus
DOUG DRETKE, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL
JUSTICE, CORRECTIONAL INSTITUTIONS DIVISION,
Respondent-Appellee.
--------------------
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 2:03-CV-355
--------------------
Before WIENER, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM:*
Angelo Dewell Branch, Texas prisoner # 478123, appeals the
denial of his 28 U.S.C. § 2241 petition, in which he challenged
the constitutionality of his forced labor while incarcerated.
We affirm.
Branch’s contention that the district court lacked authority
to deny habeas relief without first ordering the respondent to
answer his petition is frivolous. A district court is required
to dismiss a habeas petition prior to ordering the respondent to

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No. 04-10954
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answer if it plainly appears that the petitioner is not entitled
to relief. Rule 4 of the Rules Governing Section 2254 Cases.
Branch raises several constitutional challenges to his
forced labor while imprisoned by the Texas Department of Criminal
Justice; however, he has not addressed the district court’s
determination that such claims are challenges to the conditions
of his confinement and, therefore, not cognizable in a 28 U.S.C.
§ 2241 petition. He has therefore waived its review, see Yohey
v. Collins, 985 F.2d 222, 224-25 (5th Cir. 1993), and we uphold
the judgment of the district court.
AFFIRMED.

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