Nelson v. Reese

Summary

George Nelson, a former federal prisoner, appeals pro se the denial of his Rule 60(b) motion after his 28 U.S.C. § 2241 petition was dismissed as moot because he had been deported. He argued that the Bureau of Prisons and Immigration and Customs Enforcement unconstitutionally extended his prison term. The Fifth Circuit affirmed, holding that Nelson abandoned his challenge to the mootness dismissal and that the district court did not abuse its discretion in denying the Rule 60(b) motion.

Holdings

1. Nelson abandoned any challenge to the dismissal of his § 2241 petition as moot because he failed to identify any error in the district court's analysis.
2. The district court did not abuse its discretion in denying Nelson's Rule 60(b) motion.

Questions Presented

1. Whether Nelson abandoned his challenge to the dismissal of his § 2241 petition as moot by failing to brief the issue.
2. Whether the district court abused its discretion in denying Nelson's Rule 60(b) motion.

Disposition

affirmed