Ruben Gonzalez v. USA, et al, No. 12-50888 (5th Cir. 2013)

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Case: 12-50888 Document: 00512226464 Page: 1 Date Filed: 05/01/2013 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 12-50888 Summary Calendar May 1, 2013 Lyle W. Cayce Clerk RUBEN OLIVARES GONZALEZ, Petitioner-Appellant v. UNITED STATES OF AMERICA; BUREAU OF PRISONS; GEO GROUP; WARDEN, REEVES COUNTY DETENTION CENTER III; UNITED STATES ATTORNEY GENERAL, Respondents-Appellees Appeal from the United States District Court for the Western District of Texas USDC No. 4:11-CV-83 Before JONES, DENNIS, and HAYNES, Circuit Judges. PER CURIAM:* Ruben Olivares Gonzalez, federal prisoner # 15987-078, 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 denial of his 28 U.S.C. § 2241 petition * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-50888 Document: 00512226464 Page: 2 Date Filed: 05/01/2013 No. 12-50888 challenging the BOP s exclusion of him from rehabilitation programs and 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, Olivares Gonzalez 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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