Mendoza v. Boulet ( 2022 )

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
*
Pursuant to 5th Circuit Rule 47.5, the court has determined that this
opinion should not be published and is not precedent except under the limited circum-
stances set forth in 5th Circuit Rule 47.5.4.
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.
2