United States Court of Appeals

for the Fifth Circuit

No. 21-60616

Summary Calendar

United States of America, 

Plaintiff—Appellee,

versus

Claude Christopher Johnson, 

Defendant—Appellant.

Appeal from the United States District Court

for the Southern District of Mississippi

USDC No. 2:10-CR-6-1

Before Jones, Duncan, and Engelhardt, Circuit Judges.

Per Curiam:*

Claude Christopher Johnson, federal prisoner # 05056-043, pleaded 

guilty to theft of firearms from a licensed firearm dealer and was sentenced 

in 2010 to 120 months of imprisonment, three years of supervised release, 

and a $3,000 fine. After denying Johnson’s successive motion to amend the 

* Pursuant to 5th Circuit Rule 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opinion should not be published and is not precedent except under the limited 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 Circuit Rule 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

July 6, 2022

Lyle W. Cayce

Clerk

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2

judgment, the district court denied Johnson’s motion for leave to proceed in 

forma pauperis (IFP) on appeal.

By moving to proceed IFP in this court, Johnson challenges the district 

court’s certification that his appeal is not taken in good faith. See Baugh v. 

Taylor, 117 F.3d 197, 202 (5th Cir. 1997). Our inquiry “is limited to whether 

the appeal involves legal points arguable on their merits (and therefore not 

frivolous).” Howard v. King, 707 F.2d 215, 220 (5th Cir. 1983) (internal 

quotation marks and citation omitted). Johnson also seeks expedited 

consideration of this appeal. The Government has filed a motion to dismiss 

the appeal or, in the alternative, summary affirmance.

In his successive motion to amend the judgment, Johnson sought 

credit against his federal sentence for the time he spent in state custody. The 

proper vehicle for Johnson to obtain that credit is a 28 U.S.C. § 2241 petition. 

See Leal v. Tombone, 341 F.3d 427, 427-30 (5th Cir. 2003); United States v. 

Garcia-Gutierrez, 835 F.2d 585, 586 (5th Cir. 1988). Because Johnson’s 

motion was not filed in the district of his incarceration, the district court 

could not have considered his motion under § 2241. See United States v.

Brown, 753 F.2d 455, 456 (5th Cir. 1985); see also Reyes-Requena v. United 

States, 243 F.3d 893, 895 n.3 (5th Cir. 2001) (noting that a § 2241 petition 

must be filed in the district of the prisoner’s incarceration). Moreover, in 

2019, Johnson’s § 2241 petition seeking sentence credit on this same ground 

was denied by the district court in the Western District of Louisiana, which 

was Johnson’s district of incarceration at the time, and Johnson did not 

appeal from that denial. See Johnson v. Myers, No. 2:19-CV-241 (W.D. La.

Apr. 16, 2019).

As Johnson’s successive motion to amend the judgment had no other 

jurisdictional basis for consideration, “he has appealed from the denial of a 

meaningless, unauthorized motion.” United States v. Early, 27 F.3d 140, 142 

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(5th Cir. 1994). Johnson has therefore failed to identify a nonfrivolous issue 

for appeal. See Howard, 707 F.2d at 220.

Johnson’s motions for leave to proceed IFP and to expedite this appeal 

are DENIED. The Government’s motion to dismiss the appeal is 

DENIED AS UNNECESSARY, and its alternative motion for summary 

affirmance is DENIED. The appeal is DISMISSED as frivolous. See 5th 

Cir. R. 42.2. Johnson has unsuccessfully sought this same sentence credit 

on at least two prior occasions. Johnson is WARNED that future frivolous, 

repetitive, or otherwise abusive filings will invite the imposition of sanctions, 

which may include dismissal, monetary sanctions, and restrictions on his 

ability to file pleadings in this court and any court subject to this court’s 

jurisdiction. See Coghlan v. Starkey, 852 F.2d 806, 817 n.21 (5th Cir. 1988).

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