Vasquez v. Miles ( 2002 )

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.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. A-01-CV-728-JN
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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that this opinion should not be published and is not precedent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.