Ruben Campos v. USA

Case: 12-50898 Document: 00512097623 Page: 1 Date Filed: 01/02/2013 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED January 2, 2013 No. 12-50898 Summary Calendar Lyle W. Cayce Clerk RUBEN ARROLLO CAMPOS, Petitioner-Appellant v. UNITED STATES OF AMERICA; WARDEN, RCDC III; BUREAU OF PRISONS; GEO GROUP; UNITED STATES ATTORNEY GENERAL, Respondents-Appellees Appeal from the United States District Court for the Western District of Texas USDC No. 4:11-CV-99 Before JONES, DENNIS, and HAYNES, Circuit Judges. PER CURIAM:* Ruben Arrollo Campos, federal prisoner # 22699-057, 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 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-50898 Document: 00512097623 Page: 2 Date Filed: 01/02/2013 No. 12-50898 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. 2012), cert. denied, ___ S. Ct. ___, 2012 WL 4462145 (U.S. Oct. 29, 2012) (No. 12-6450). Accordingly, Campos’s motion to proceed IFP is DENIED, and his appeal is DISMISSED as frivolous. See 5TH CIR. R. 42.2. 2