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TENTH CIRCUIT
v.
C. DANIELS, Warden,
Respondent - Appellee.
After examining the briefs and appellate record, this panel has determined
unanimously that oral argument would not materially assist in the determination
of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is
therefore ordered submitted without oral argument.
This matter is before the court on Tommy Alexanders appeal from the
district courts dismissal of his 28 U.S.C. 2241 habeas corpus petition. Because
This order and judgment is not binding precedent except under the
doctrines of law of the case, res judicata, and collateral estoppel. It may be cited,
however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th
Cir. R. 32.1.
Alexander raises the same due process claims he previously raised in his 2005
petition. Although Alexander has completed the sentence imposed in 2004,
Alexander alleges the conviction precludes him from obtaining prison work
assignments and being transferred to a facility closer to his family.
A necessary predicate for the granting of federal habeas relief . . . is a
determination by the federal court that [petitioners] custody violates the
Constitution, laws, or treaties of the United States. Rose v. Hodges, 423 U.S. 19,
21 (1975). The Colorado district court denied the petition, concluding
Alexanders claims did not implicate any liberty interest protected by the Due
Process Clause. Sandin v. Conner, 515 U.S. 472, 484 (1995) (holding 2241
petitioner must demonstrate the complained-of action imposed an atypical and
significant hardship . . . in relation to the ordinary incidents of prison life); see
also Montez v. McKinna, 208 F.3d 862, 866 (10th Cir. 2000) ([T]here is no
federal constitutional right to incarceration in any particular prison or portion of a
prison.); Penrod v. Zavaras, 94 F.3d 1399, 1407 (10th Cir. 1996) (holding
prisoners have no liberty interest in prison employment). The district court also
referenced the fact that Alexander has previously litigated his claim in the
Western District of Virginia.
Upon review of Alexanders appellate brief and de novo review of the
entire record on appeal, this court affirms the dismissal of Alexanders 2241
petition for substantially the reasons set forth in the district courts Order of
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Michael R. Murphy
Circuit Judge
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