Arthur C. Kass, Appellant, v. Janet Reno, Attorney General of the United States; Warrenchristopher, Secretary of State, Executive Officeof the Office of Legal Adviser;kathleen Hawk, Director,federal Bureau of Prisons, 80 F.3d 558 (D.C. Cir. 1996)

This appeal was considered on the record from the United States District Court for the District of Columbia and on the briefs filed by the parties. The court has determined that the issues presented occasion no need for an opinion. See D.C. Cir. Rule 36(b). It is

ORDERED AND ADJUDGED that the district court's order dismissing the complaint be affirmed. The district court correctly concluded that "prisoners mounting a challenge to the lawfulness of their custody are to proceed by means of habeas." Chatman-Bey v. Thornburgh, 864 F.2d 804, 808-09 (D.C. Cir. 1988) (en banc) . It is also clear that the district court lacked personal jurisdiction over Kass' custodian, the warden of the United States Penitentiary in Leavenworth, Kansas. Guerra v. Meese, 786 F.2d 414, 415 (D.C. Cir. 1986).

The Clerk is directed to withhold issuance of the mandate herein until seven days after disposition of any timely petition for rehearing. See D.C. Cir. Rule 41.