Dennis v. Van Buren

* 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this opinion should not be published and is not precedent except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 29, 2006
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 06-10198
Summary Calendar
JACQUELINE DENNIS, Next of Friend,
Henry Francis,
Petitioner-Appellant,
versus
GINNY VAN BUREN, Warden, FMC-Carswell,
Respondent-Appellee.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:06-CV-72
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Before HIGGINBOTHAM, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM:*
Jacqueline Dennis, federal prisoner # 17355-018, appeals the
denial of her 28 U.S.C. § 2241 complaint, in which she challenged
the failure of the Supreme Court to order her immediate release
on the basis of a purported waiver submitted by the Government in
certiorari proceedings. Dennis has not established that she
raised a challenge to the execution of her sentence, rather than
a collateral challenge to her prior habeas proceedings, and her
claims are thus not properly raised under § 2241. See Leal v.

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No. 06-10198
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Tombone, 341 F.3d 427, 429-30 (5th Cir. 2003); Jeffers v.
Chandler, 253 F.3d 827, 830 (5th Cir. 2001). The judgment of the
district court is thus AFFIRMED.
Dennis also moves for bail pending the resolution of her
appeal. In light of her failure to establish a high probability
of success on a constitutional claim, the motion is DENIED. See
Calley v. Callaway, 496 F.2d 701, 702 (5th Cir. 1974).

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