Raphael Mendez v. Bureau of Prisons, et al, No. 09-3972 (8th Cir. 2010)
Annotate this CaseCourt Description: Prisoner case - habeas. Denial of Section 2241 petition affirmed without comment; district court did not err in denying recusal motion.
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 09-3972 ___________ Raphael Mendez, Appellant, v. Bureau of Prisons; M. Haugen; M. Stalker; FMC Rochester, Appellees. * * * * Appeal from the United States * District Court for the * District of Minnesota. * * [UNPUBLISHED] * * ___________ Submitted: August 19, 2010 Filed: August 24, 2010 ___________ Before WOLLMAN, MELLOY, and GRUENDER, Circuit Judges. ___________ PER CURIAM. Raphael Mendez, an involuntarily committed federal detainee who is confined at the Federal Medical Center in Rochester, Minnesota, appeals the district court s1 denial of his 28 U.S.C. ยง 2241 petition for a writ of habeas corpus, and its denial of his judicial-disqualification motion. Upon careful review, we conclude that the district court properly denied Mendez s motion to disqualify, see Am. Prairie Constr. 1 The Honorable James M. Rosenbaum, United States District Judge for the District of Minnesota, adopting the report and recommendations of the Honorable Raymond L. Erickson, United States Magistrate Judge for the District of Minnesota. Co. v. Hoich, 560 F.3d 780, 789 (8th Cir. 2009) (standard of review); and, for the reasons relied upon by the district court, we conclude that Mendez is not entitled to habeas relief, see Mitchell v. U.S. Parole Comm n, 538 F.3d 948, 951 (8th Cir. 2008) (per curiam) (standard of review). The judgment is affirmed. See 8th Cir. R. 47B. ______________________________ -2-
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