Keith Fisher v. R. L. Morrison, No. 06-2775 (8th Cir. 2007)
Annotate this CaseCourt Description: Habeas Case - Section 2241. District court correctly concluded Bureau of Prisons had no obligation to consider petitioner for immediate placement in residential reentry center.
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 06-2775 ___________ Keith Fisher, Appellant, v. R. L. Morrison, Warden, Appellee. * * * * Appeal from the United States * District Court for the * District of Minnesota. * * [UNPUBLISHED] * ___________ Submitted: December 6, 2007 Filed: December 20, 2007 ___________ Before MURPHY, SMITH, and SHEPHERD, Circuit Judges. ___________ PER CURIAM. Federal inmate Keith Fisher appeals the district court s1 partial denial of his 28 U.S.C. ยง 2241 petition. Following de novo review, see Hill v. Morrison, 349 F.3d 1089, 1091 (8th Cir. 2003), we agree with the district court that the Bureau of Prisons had no obligation to consider Fisher for immediate placement in a Residential Reentry Center (RRC), see Fults v. Sanders, 442 F.3d 1088, 1089-90 (8th Cir. 2006), and we decline to consider Fisher s newly raised claim that he is entitled to immediate RRC 1 The Honorable Paul A. Magnuson, United States District Judge for the District of Minnesota, adopting the report and recommendations of the Honorable Arthur J. Boylan, United States Magistrate Judge for the District of Minnesota. placement based on extraordinary family circumstances, see Stone v. Harry, 364 F.3d 912, 914-15 (8th Cir. 2004). Accordingly, we affirm under 8th Cir. Rule 47B. ______________________________ -2-
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