Walker v. Kastner

* 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this opinion should not be published and is not precedent except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. 05-41306
Conference Calendar
JOHN DEE WALKER,
Petitioner-Appellant,
versus
PAUL KASTNER, Warden, FCI Texarkana,
Respondent-Appellee.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 5:05-CV-121
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Before DAVIS, SMITH, and WIENER, Circuit Judges.
PER CURIAM:*
John Dee Walker, federal inmate # 23826-077, has filed a
motion in this court to proceed in forma pauperis (IFP) on appeal
from the dismissal of his 28 U.S.C. § 2241 petition. Walker has
also filed two motions seeking leave to file supplemental briefs
on appeal; those two motions are denied.
Walker’s claim that 18 U.S.C. § 3624(b) required the Bureau
of Prisons to award him 54 days of credit, in advance, for each
year of imprisonment that the district court imposed is
foreclosed. See Moreland v. Federal Bureau of Prisons, 431 F.3d

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No. 05-41306
-2-
180, 186 (5th Cir. 2005), cert. denied, 126 S. Ct. 1906 (2006).
Moreover, Walker’s contention that the application of its
interpretation of § 3624(b) to him violates the Ex Post Facto
Clause is without merit. As he admits, the Bureau of Prisons has
applied § 3624(b)(1) consistently since before Walker was
sentenced.
IFP DENIED; LEAVE TO FILE SUPPLEMENTAL BRIEFS DENIED; APPEAL
DISMISSED. See 5TH CIR. R. 42.2.

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