BARRY SCHOTZ V. CRAIG APKER, No. 11-17096 (9th Cir. 2012)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS DEC 31 2012 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT BARRY R. SCHOTZ, No. 11-17096 Petitioner - Appellant, D.C. No. 4:09-cv-00703-FRZ v. MEMORANDUM * CRAIG APKER, Respondent - Appellee. Appeal from the United States District Court for the District of Arizona Frank R. Zapata, District Judge, Presiding Submitted December 19, 2012 ** Before: GOODWIN, WALLACE, and FISHER, Circuit Judges. Federal prisoner Barry R. Schotz appeals pro se from the district court s judgment denying his 28 U.S.C. § 2241 habeas petition. We have jurisdiction under 28 U.S.C. § 1291, and we affirm. * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Schotz contends that the Bureau of Prisons ( BOP ) unlawfully refused his request for a transfer to a Residential Re-entry Center ( RRC ). We review the denial of a section 2241 habeas petition de novo and findings of fact for clear error. See Reynolds v. Thomas, 603 F.3d 1144, 1148 (9th Cir. 2010). Schotz s contention fails because the district court did not clearly err in concluding that Schotz did not make a direct request for placement in an RRC. In light of this conclusion, we do not reach Schotz s argument that the BOP violated 18 U.S.C. § 3621(b) by failing to consider him for RRC placement before the end of his sentence. Schotz s motion to take judicial notice of several documents that he filed with this court is denied, and the government s motion to strike these documents is granted. AFFIRMED. 2 11-17096