Mario Dovalina v. USA, et al, No. 10-50826 (5th Cir. 2013)

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Case: 10-50826 Document: 00512173596 Page: 1 Date Filed: 03/13/2013 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 10-50826 Summary Calendar March 13, 2013 Lyle W. Cayce Clerk MARIO ALBERTO DOVALINA, Petitioner-Appellant v. UNITED STATES OF AMERICA; WARDEN, RCDC III; UNITED STATES ATTORNEY GENERAL; BUREAU OF PRISONS, Respondents-Appellees Appeal from the United States District Court for the Western District of Texas USDC No. 4:10-CV-64 Before KING, CLEMENT, and HIGGINSON, Circuit Judges. PER CURIAM:* Mario Alberto Dovalina, former federal prisoner # 43113-180, appeals the denial of his 28 U.S.C. § 2241 petition challenging his exclusion from rehabilitation programs and halfway houses. As Dovalina has been released from Bureau of Prisons custody, we grant Respondents motion to dismiss the appeal as moot and dismiss the appeal as moot. See Calderon v. Moore, 518 U.S. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 10-50826 Document: 00512173596 Page: 2 Date Filed: 03/13/2013 No. 10-50826 149, 150 (1996). Respondents alternative motion for an extension of time to file a brief is denied as unnecessary. MOTION TO DISMISS GRANTED; APPEAL DISMISSED; MOTION FOR AN EXTENSION OF TIME DENIED. 2

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