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ZOLICOFFER v. U.S. DEPT. OF JUSTICE

No. 02-30370. Summary Calendar.

315 F.3d 538 (2003)

Welton ZOLICOFFER, Petitioner-Appellant, v. UNITED STATES DEPARTMENT OF JUSTICE; Federal Bureau of Prisons; Immigration and Naturalization Service, Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

January 7, 2003.

Attorney(s) appearing for the Case

Welton Zolicoffer, Oakdale, LA, pro se.

Before DAVIS, WIENER, and EMILIO M. GARZA, Circuit Judges.

PER CURIAM:

This appeal presents us with an issue of first impression: does a detainer issued by the Immigration and Naturalization Service (INS) render a prisoner "in custody" for purposes of 28 U.S.C. § 2241? Because we determine that it does not, we affirm the district court's dismissal of Welton Zolicoffer's petition, albeit on different grounds.

Zolicoffer, a federal prisoner, appeals in forma pauperis the dismissal of his 28 U.S.C. § 2241 petition...

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