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Patron v. Thaler

United States Court of Appeals, Fifth Circuit
Jan 15, 2010
360 F. App'x 588 (5th Cir. 2010)

Opinion

No. 09-10452 Summary Calendar.

January 15, 2010.

Joe Robert Patron, CID Ellis Unit, Huntsville, TX, for Petitioner-Appellant.

Appeal from the United States District Court for the Northern District of Texas, USDC No. 4:09-CV-82.

Before KING, STEWART, and HAYNES, Circuit Judges.


Joe Robert Patron, Texas prisoner # 1176158, seeks a certificate of appealability (COA) from the dismissal of his petition for writ of audita querela, in which he challenged his conviction and sentence for aggravated sexual assault of a child. A COA is not required for Patron to appeal. See 28 U.S.C. § 2253(c).

We may affirm the district court's judgment on any basis supported by the record. See Scott v. Johnson, 227 F.3d 260, 262 (5th Cir. 2000) (denial of § 2255 motion). The district court correctly dismissed Patron's petition for writ of audita querela because redress was available to Patron under 28 U.S.C. § 2254. See United States v. Banda, 1 F.3d 354, 356 (5th Cir. 1993); Tolliver v. Dobre, 211 F.3d 876, 878 (5th Cir. 2000); see also Felker v. Turpin, 518 U.S. 651, 662, 116 S.Ct. 2333, 135 L.Ed.2d 827 (1996). It is irrelevant that Patron can no longer meet the standard for bringing a timely § 2254 petition. Cf. Tolliver, 211 F.3d at 878 (holding that fact that federal prisoner filed unsuccessful 28 U.S.C. § 2255 motion or that federal prisoner cannot meet requirements for filing successive § 2255 motion does not render § 2255 remedy unavailable).

Accordingly, Patron's motion for a COA is DENIED as unnecessary and the judgment of the district court is AFFIRMED.


Summaries of

Patron v. Thaler

United States Court of Appeals, Fifth Circuit
Jan 15, 2010
360 F. App'x 588 (5th Cir. 2010)
Case details for

Patron v. Thaler

Case Details

Full title:Joe Robert PATRON, Petitioner-Appellant v. Rick THALER, Director, Texas…

Court:United States Court of Appeals, Fifth Circuit

Date published: Jan 15, 2010

Citations

360 F. App'x 588 (5th Cir. 2010)