George Wassouf v. Robert Joilcoeur, et al, No. 10-50601 (5th Cir. 2011)

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Case: 10-50601 Document: 00511445359 Page: 1 Date Filed: 04/14/2011 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 10-50601 Summary Calendar April 14, 2011 Lyle W. Cayce Clerk GEORGE SAMIR WASSOUF, Petitioner-Appellant v. ROBERT JOILCOEUR, District Director; JANET NAPOLITANO, Secretary of U.S. Department of Homeland Security; ERIC H. HOLDER, JR., U.S. Attorney General, Respondents-Appellees Appeal from the United States District Court for the Western District of Texas USDC No. 3:08-CV-290 Before KING, BENAVIDES, and ELROD, Circuit Judges PER CURIAM:* George Samir Wassouf appeals the denial of his motion to reopen the district court s order denying his 28 U.S.C. ยง 2241 petition and motion for reconsideration. Wassouf s motion to reopen is construed as a motion under Federal Rule of Civil Procedure 60(b). Wassouf has failed to show the district court abused its * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 10-50601 Document: 00511445359 Page: 2 Date Filed: 04/14/2011 No. 10-50601 discretion in denying the motion or motion for reconsideration. See Bailey v. Cain, 609 F.3d 763, 767 (5th Cir. 2010), cert. denied, 131 S. Ct. 931 (2011); see also Midland West Corp. v. FDIC, 911 F.2d 1141, 1145 (5th Cir. 1990). The orders of the district court are AFFIRMED. Wassouf s motion for appointment of counsel is DENIED. See Schwander v. Blackburn, 750 F.2d 494, 502-03 (5th Cir. 1985). 2

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