Jesus Jiminez v. USA, et al


UNPUBLISHED OPINION ORDER FILED. [11-50748 Dismissed as Moot] Judge: CDK , Judge: EBC , Judge: SAH. Mandate pull date is 03/04/2013; granting motion to dismiss appeal filed by Appellees USA and Bureau of Prisons [7198341-2]; denying motion to extend time to file appellee's brief filed by Appellees USA and Bureau of Prisons [7198341-3] [11-50748]

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Case: 11-50748 Document: 00512109974 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. 11-50748 Summary Calendar January 11, 2013 Lyle W. Cayce Clerk JESUS JIMINEZ, 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-34 Before KING, CLEMENT, and HIGGINSON, Circuit Judges. PER CURIAM:* Jesus Jiminez, former federal prisoner # 50007-018, appeals the denial of his 28 U.S.C. § 2241 petition challenging his exclusion from rehabilitation programs and halfway houses. As Jiminez has been released from Bureau of Prisons custody, we grant Respondents’ motion to dismiss the appeal as moot and dismiss the appeal as moot. See Calderon v. Moore, 518 U.S. 149, 150 * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 11-50748 Document: 00512109974 Page: 2 Date Filed: 01/11/2013 No. 11-50748 (1996). Respondents’ alternative motion for an extension of time to file a brief is denied as unnecessary. MOTION TO DISMISS GRANTED; APPEAL DISMISSED; MOTION FOR AN EXTENSION OF TIME DENIED. 2

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