Hector Morales-Cervantes v. USA, et al, No. 12-50885 (5th Cir. 2013)

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Case: 12-50885 Document: 00512110490 Page: 1 Date Filed: 01/11/2013 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 12-50885 Summary Calendar January 11, 2013 Lyle W. Cayce Clerk HECTOR MORALES-CERVANTES, Petitioner-Appellant v. UNITED STATES OF AMERICA; WARDEN; FEDERAL BUREAU OF PRISONS; GEO GROUP, INC.; ERIC H. HOLDER, JR., Respondents-Appellees Appeal from the United States District Court for the Western District of Texas USDC No. 4:11-CV-78 Before KING, CLEMENT, and HIGGINSON, Circuit Judges. PER CURIAM:* Hector Morales-Cervantes, federal prisoner # 09356-112, an alien against whom the Bureau of Immigration and Customs Enforcement has issued a detainer subjecting him to immediate removal from the United States upon release from Bureau of Prisons (BOP) custody, moves this court to proceed in forma pauperis (IFP) to appeal the dismissal of his 28 U.S.C. § 2241 petition challenging the BOP s exclusion of him from rehabilitation programs and * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-50885 Document: 00512110490 Page: 2 Date Filed: 01/11/2013 No. 12-50885 halfway houses. His arguments are foreclosed by this court s decision in Gallegos-Hernandez v. United States, 688 F.3d 190, 192-93 (5th Cir.), cert. denied, 133 S. Ct. 561 (2012). Accordingly, Morales-Cervantes s motion to proceed IFP is DENIED, and his appeal is DISMISSED as frivolous. See 5TH CIR. R. 42.2. 2

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