Shannon Harris v. Francisco Quintana, No. 16-20130 (5th Cir. 2016)

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Case: 16-20130 Document: 00513530806 Page: 1 Date Filed: 06/02/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 16-20130 Summary Calendar United States Court of Appeals Fifth Circuit FILED June 2, 2016 Lyle W. Cayce Clerk SHANNON KEITH HARRIS, Petitioner–Appellant, versus WARDEN FRANCISCO QUINTANA, Respondent–Appellee. Appeal from the United States District Court for the Southern District of Texas USDC No. 4:15-CV-3416 Before REAVLEY, SMITH, and HAYNES, Circuit Judges. PER CURIAM: * Shannon Harris, federal prisoner # 16186-179, appeals the dismissal of 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. * Case: 16-20130 Document: 00513530806 Page: 2 Date Filed: 06/02/2016 No. 16-20130 his 28 U.S.C. § 2241 petition in which he claimed that he is actually innocent of his sentencing enhancement and that 28 U.S.C. § 2255’s savings clause permitted him to bring this claim in a § 2241 petition. Harris is not required to obtain a certificate of appealability. See Padilla v. United States, 416 F.3d 424, 425 (5th Cir. 2005). When Harris filed his claim for relief in the Southern District of Texas, he was incarcerated in Kentucky. The district court thus lacked jurisdiction to consider the § 2241 petition because Harris was required to bring it in the district where he was confined. See Padilla, 416 F.3d at 426; Lee v. Wetzel, 244 F.3d 370, 373 (5th Cir. 2001). Accordingly, the judgment of dismissal is AFFIRMED. Harris’s motion for release pending appeal is DENIED. 2