Vasquez v. Miles

U.S. Court of Appeals for the Fifth Circuit

Vasquez v. Miles

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 02-50328 Summary Calendar

JAIME VASQUEZ,

Petitioner-Appellant,

versus

R. D. MILES, Warden, Federal Correctional Institution, Bastrop,

Respondent-Appellee.

-------------------- Appeal from the United States District Court for the Western District of Texas USDC No. A-01-CV-728-JN -------------------- October 29, 2002 Before HIGGINBOTHAM, SMITH, and CLEMENT, Circuit Judges.

PER CURIAM:*

Jaime Vasquez, federal prisoner # 64305-080, appeals the

denial of his petition styled habeas corpus, requesting his

transfer to a minimum-security prison camp. Vasquez also

requests this court to order the Bureau of Prisons to remove

allegedly incorrect information from his central file, and

monetary damages. We AFFIRM.

The Bureau of Prisons did not abuse its discretion by

refusing to transfer Vasquez to a prison camp, because its

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. No. 02-50328 -2-

decision is supported by irrefutable facts. See Whitley v. Hunt,

158 F.3d 882, 889

(5th Cir. 1998).

Vasquez requests this court to order the Bureau of Prisons

to correct his central file, to show that he has a minimum-

custody classification, on authority of the Freedom of

Information Act (FOIA), 5 U.S.C. § 552a. Vasquez’s reliance on

exhibits he filed with his habeas corpus petition is misplaced,

because they do not show that he is entitled to minimum custody.

See Fendler v. United States Bureau of Prisons,

846 F.2d 550, 554

(9th Cir. 1988). Finally, Vasquez is not entitled to monetary

damages under the FOIA.

Id.

AFFIRMED.

Reference

Status
Unpublished