Mendoza v. Boulet

Case: 22-60045 Document: 00516351544 Page: 1 Date Filed: 06/09/2022

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED June 9, 2022 No. 22-60045 Lyle W. Cayce Summary Calendar Clerk

Elias Mendoza,

Petitioner—Appellant, versus

P. Boulet, Warden, Federal Correctional Institution Yazoo City Medium, Respondent—Appellee.

Appeal from the United States District Court for the Southern District of Mississippi USDC No. 3:21-CV-541

Before Smith, Higginson, and Willett, Circuit Judges.

Per Curiam:*

Elias Mendoza, federal prisoner #68675-380, seeks leave to appeal in forma pauperis the dismissal of his 28 U.S.C. § 2241 petition challenging his sentence as exceeding the statutory maximum. The district court deter- mined that Mendoza could not proceed via § 2241 because he failed to show Case: 22-60045 Document: 00516351544 Page: 2 Date Filed: 06/09/2022

No. 22-60045 that the remedy under § 2255 was inadequate or ineffective as required by the savings clause of § 2255(e). See Reyes-Requena v. United States, 243 F.3d 893, 904 (5th Cir. 2001) (setting forth the text of the savings clause). Mendoza was not entitled to proceed under the savings clause. See Padilla v. United States, 416 F.3d 424, 425–26 (5th Cir. 2005). He has offered no nonfrivolous argument to the contrary. Accordingly, his motion to pro- ceed in forma pauperis on appeal is DENIED. In addition, because Men- doza’s appeal is frivolous, it is DISMISSED. See Baugh v. Taylor, 117 F.3d 197, 202 & n.24 (5th Cir. 1983); 5th Cir. R. 42.2.