Vandivere v. Lappin

* 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this opinion should not be published and is not precedent except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
August 28, 2006
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 05-20064
Conference Calendar
JAMES DOW VANDIVERE,
Petitioner-Appellant,
versus
HARLEY LAPPIN, Director, Federal Bureau of Prisons,
Respondent-Appellee.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:04-CV-4026
--------------------
Before DAVIS, SMITH, and WIENER, Circuit Judges.
PER CURIAM:*
James Dow Vandivere, federal prisoner # 99078-011, is
serving a 235-month prison term, imposed in the Northern District
of California, for federal crimes related to child pornography
and the sexual exploitation of children. Vandivere appeals the
dismissal in the Southern District of Texas of his petition for
habeas corpus filed under 28 U.S.C. § 2241.
Because Vandivere’s claims pertain to the validity of his
conviction and sentence, the district court properly construed

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No. 05-20064
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his application as a 28 U.S.C. § 2255 motion. See Tolliver v.
Dobre, 211 F.3d 876, 877 (5th Cir. 2000); see also Reyes-Requena
v. United States, 243 F.3d 893, 901 (5th Cir. 2001). The
district court of the Southern District of Texas lacked
jurisdiction over the § 2255 motion that challenged a sentence
imposed in the Northern District of California. See § 2255. The
judgment of district court is AFFIRMED.
All outstanding motions are DENIED.

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