Case: 12-50866 Document: 00512167393 Page: 1 Date Filed: 03/07/2013
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
March 7, 2013
No. 12-50866
Summary Calendar Lyle W. Cayce
Clerk
LEONID DEMINE,
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-73
Before JOLLY, DAVIS, and PRADO, Circuit Judges.
PER CURIAM:*
Leonid Demine, federal prisoner # 16158-078, 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 challenging the BOP’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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-50866 Document: 00512167393 Page: 2 Date Filed: 03/07/2013
No. 12-50866
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, Demine’s motion to proceed IFP is DENIED, and his appeal
is DISMISSED as frivolous. See 5TH CIR. R. 42.2.
2