Bowen v. Bergami

• Court: Court of Appeals for the Fifth Circuit
• Decided: July 13, 2021
• Docket: 21-50142
• Status: Unpublished

Opinion

Case: 21-50142 Document: 00515935515 Page: 1 Date Filed: 07/13/2021

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit

FILED July 13, 2021 No. 21-50142 Lyle W. Cayce Summary Calendar Clerk

Nicholas Robert Bowen,

Petitioner—Appellant,

versus

Thomas Bergami, Warden,

Respondent—Appellee.

Appeal from the United States District Court for the Western District of Texas USDC No. 3:20-CV-168

Before Barksdale, Graves, and Oldham, Circuit Judges. Per Curiam:* Nicholas Robert Bowen, federal prisoner # 70626-097, filed a habeas application pursuant to 28 U.S.C. § 2241, seeking release to home confinement under § 12003(b)(2) of the Coronavirus Aid, Relief, and Economic Security Act. Proceeding pro se, he challenges the district court’s:

* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. Case: 21-50142 Document: 00515935515 Page: 2 Date Filed: 07/13/2021

No. 21-50142

dismissing his § 2241 petition for failure to exhaust administrative remedies; and denying his Federal Rule of Civil Procedure 59(e) motion to alter or amend judgment. Bowen, however, has not briefed any challenge to either the exhaustion ruling or the denial of his Rule 59(e) motion. Accordingly, he has abandoned any challenge to those rulings. E.g., CenturyTel of Chatham, LLC v. Sprint Commc’ns Co., 861 F.3d 566, 573 (5th Cir. 2017). AFFIRMED.