Parrish-Parrado v. Prisoner Review Board, et al, No. 11-3336 (10th Cir. 2011)

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FILED United States Court of Appeals Tenth Circuit UNITED STATES COURT OF APPEALS December 21, 2011 TENTH CIRCUIT Elisabeth A. Shumaker Clerk of Court DANIEL JOSEPH PARRISHPARRADO, Petitioner - Appellant, No. 11-3336 (D.C. No. 5:11-CV-03175-SAC) (D. Kansas) v. PRISONER REVIEW BOARD; KANSAS DEPARTMENT OF CORRECTIONS, Respondents - Appellees. ORDER DENYING CERTIFICATE OF APPEALABILITY Before KELLY, HARTZ, and HOLMES, Circuit Judges. Frequent litigant Daniel Joseph Parrish-Parrado filed an application under 28 U.S.C. § 2241 in the United States District Court for the District of Kansas in which he challenged the decision to deny him release on parole and complained of the conditions of his confinement. The district court dismissed without prejudice his challenge to the denial of parole on the ground that he had not exhausted his state administrative remedies. And it dismissed without prejudice his challenge to the conditions of confinement because such a challenge is not appropriate under § 2241. Mr. Parrish-Parrado seeks a certificate of appealability (COA) to appeal the district court s decision. See Montez v. McKinna, 208 F.3d 862 (10th Cir. 2000) (requiring COA to challenge denial of § 2241 claim by state prisoner). For the reasons stated in the district court s decision, he is clearly not entitled to a COA. We therefore DENY a COA and DISMISS the appeal. Mr. Parrish-Parrado s motion to reconsider is denied as moot. ENTERED FOR THE COURT Harris L Hartz Circuit Judge -2-

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