Case: 12-50927 Document: 00512215573 Page: 1 Date Filed: 04/22/2013
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
April 22, 2013
No. 12-50927
Summary Calendar Lyle W. Cayce
Clerk
ABELARDO GARCIA MEDRANO,
Petitioner-Appellant
v.
UNITED STATES OF AMERICA; WARDEN, Reeves County Detention Center,
III; BUREAU OF PRISONS; GEO GROUP,
Respondents-Appellees
Appeal from the United States District Court
for the Western District of Texas
USDC No. 4:11-CV-40
Before JOLLY, DAVIS, and PRADO, Circuit Judges.
PER CURIAM:*
Abelardo Garcia Medrano, federal prisoner # 22667-279, 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-50927 Document: 00512215573 Page: 2 Date Filed: 04/22/2013
No. 12-50927
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, 133 S. Ct. 561 (2012)
Accordingly, Garcia Medrano’s motion to proceed IFP is DENIED, and his
appeal is DISMISSED as frivolous. See 5TH CIR. R. 42.2.
2