Jose Balleza-Escamilla v. USA, et al, No. 11-50466 (5th Cir. 2013)

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Case: 11-50466 Document: 00512152377 Page: 1 Date Filed: 02/22/2013 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 11-50466 Summary Calendar February 22, 2013 Lyle W. Cayce Clerk JOSE ANGEL BALLEZA-ESCAMILLA, Petitioner-Appellant v. UNITED STATES OF AMERICA; WARDEN, REEVES COUNTY DETENTION CENTER III; BUREAU OF PRISONS; 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. 4:10-CV-104 Before JONES, DENNIS, and HAYNES, Circuit Judges. PER CURIAM:* Jose Angel Balleza-Escamilla, former federal prisoner # 59307-279, appeals the denial of his 28 U.S.C. § 2241 petition challenging his exclusion from rehabilitation programs and halfway houses. As Balleza-Escamilla 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. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 11-50466 Document: 00512152377 Page: 2 Date Filed: 02/22/2013 No. 11-50466 Moore, 518 U.S. 149, 150 (1996)(explaining ways in which a case can become moot). 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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