Worley v. Smith

* 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this opinion should not be published and is not precedent except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.
United States Court of Appeals
Fifth Circuit
F I L E D
June 21, 2006
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 05-51427
Conference Calendar
DANNY WORLEY,
Petitioner-Appellant,
versus
DENNIS SMITH, Warden, FCI La Tuna,
Respondent-Appellee.
--------------------
Appeal from the United States District Court
for the Western District of Texas
USDC No. 3:05-CV-258
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Before STEWART, DENNIS, and OWEN, Circuit Judges.
PER CURIAM:*
Danny Worley, federal prisoner # 18846-051, has filed a
motion in this court to proceed in forma pauperis (IFP) in the
appeal of the dismissal of his 28 U.S.C. § 2241 petition.
Worley’s claim that 18 U.S.C. § 3624(b) required the Bureau of
Prisons to award him 54 days of credit, in advance, for each
year of imprisonment that the district court imposed and that he
has been denied a total of 68.5 days of good-time credit is
foreclosed. See Moreland v. Federal Bureau of Prisons, 431 F.3d
180, 186 (5th Cir. 2005), cert. denied, 126 S. Ct. 1906 (2006).

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No. 05-51427
-2-
Accordingly, Worley’s motion for leave to proceed IFP is denied,
and his appeal is dismissed as frivolous. See Baugh v. Taylor,
117 F.3d 197, 202 n.24 (5th Cir. 1997); 5TH CIR. R. 42.2. His
motion for the appointment of counsel is denied as moot.
IFP DENIED; APPEAL DISMISSED; MOTION FOR APPOINTMENT OF
COUNSEL DENIED.

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