Delgado v. Bureau of Prisons

278 F. App'x 367

• Court: Court of Appeals for the Fifth Circuit
• Decided: May 14, 2008
• Docket: 07-40959
• Status: Unpublished

Opinion

PER CURIAM: *

Elpidio Delgado, Jr., federal prisoner #83283-079, appeals the district court’s dismissal of his complaint challenging Bu reau of Prisons (BOP) Program Statement 1351.05 under the Administrative Procedures Act, the Freedom of Information Act, and the First Amendment. Delgado does not challenge the district court’s dismissal of his claims arising under the Administrative Procedures Act and the First Amendment. Because Delgado fails to brief these issues, they are deemed abandoned. See Yohey v. Collins, 985 F.2d 222, 224-25 (5th Cir.1993); Brinkmann v. Dallas County Deputy Sheriff Abner, 813 F.2d 744, 748 (5th Cir.1987).

Delgado’s challenge to Program Statement 1351.05 is without merit and fails to state a claim for relief under the Freedom of Information Act. See Harris v. Hegmann, 198 F.3d 153, 156 (5th Cir.1999). Accordingly, the judgment of the district court is AFFIRMED.

* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.