Griffin v. (LNU), et al, No. 11-3181 (10th Cir. 2011)

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FILED United States Court of Appeals Tenth Circuit December 20, 2011 UNITED STATES COURT OF APPEALS Elisabeth A. Shumaker TENTH CIRCUIT Clerk of Court ERIC GRIFFIN, Petitioner - Appellant, No. 11-3181 (D.C. No. 5:11-CV-03064-RDR) (D. Kan.) v. FNU LNU, Regional Director of the Board of Prisons; ERIC HOLDER; DEPARTMENT OF JUSTICE; BARACK HUSSEIN OBAMA; SPRINGFIELD MISSOURI FEDERAL COURT; JANE AND JOHN DOES, Respondents - Appellees. ORDER DENYING REQUEST TO PROCEED IN FORMA PAUPERIS (IFP) Before KELLY, HARTZ, and HOLMES, Circuit Judges. Petitioner-Appellant Eric Griffin, a federal inmate proceeding pro se, seeks to appeal the denial of his § 2241 petition seeking release, money damages, and an investigation. On appeal, he claims that various named and unnamed officials stole his mail, causing him to default on a motion in the district court. Aplt. Br. 2. The underlying petition concerned a denial of due process and an allegedly illegal transfer from a federal prison in Missouri to one in Nevada. See R. 1, 6-8. The district court denied Mr. Griffin IFP status on appeal, finding that Mr. Griffin had not demonstrated a reasoned, non-frivolous argument on appeal. R. 50-51. We agree. Neither Missouri nor Nevada is within the Tenth Circuit s jurisdiction and nothing suggests that Kansas was the proper venue. A § 2241 habeas petition is only properly brought against the petitioner s current custodian. 28 U.S.C. § 2243; Harris v. Champion, 51 F.3d 901, 906 (10th Cir. 1995). Accordingly, we DENY Mr. Griffin s motion to proceed IFP and DISMISS the appeal. Entered for the Court Paul J. Kelly, Jr. Circuit Judge -2-

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