FILED
United States Court of Appeals
Tenth Circuit
February 21, 2008
UNITED STATES COURT OF APPEALS Elisabeth A. Shumaker
Clerk of Court
TENTH CIRCUIT
GORDON O. HOFF, SR.,
Petitioner - Appellant,
No. 07-1519
v. (D.C. No. 07-cv-02136-ZLW)
(D. Colo.)
HARLEY G. LAPPIN, Director of
B.O.P.,
Respondent - Appellee.
ORDER AND JUDGMENT *
Before KELLY, ANDERSON, and McCONNELL, Circuit Judges. **
Gordon Hoff, a federal inmate proceeding pro se, appeals the district
court’s denial of mandamus relief and his motion to transfer, and dismissal of this
action. Mr. Hoff filed a “Petition for Writ of Mandamus” requesting the district
court to compel Respondent to alter his sentence. The magistrate judge directed
Mr. Hoff to file his pleading on the court’s current form and pay the filing fee or
*
This order and judgment is not binding precedent, except under the
doctrines of law of the case, res judicata, and collateral estoppel. It may be cited,
however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th
Cir. R. 32.1.
**
After examining the briefs and the appellate record, this three-judge
panel has determined unanimously that oral argument would not be of material
assistance in the determination of this appeal. See Fed. R. App. P. 34(a); 10th
Cir. R. 34.1(G). The cause is therefore ordered submitted without oral argument.
seek leave to proceed in forma pauperis, warning him that the action would be
dismissed if these deficiencies were not cured. Mr. Hoff then filed a “Motion
Under 28 U.S.C. § 1631” requesting the district court to transfer the action to this
court. The district court denied this motion as improper and dismissed the action
for failing to cure the deficiencies. Hoff v. Lappin, No. 07-2136, 2007 WL
4269043 (D. Colo. Nov. 30, 2007).
Mr. Hoff was convicted in the Western District of Wisconsin and his
conviction was affirmed on appeal. United States v. Meyer, 157 F.3d 1067 (7th
Cir. 1998). He unsuccessfully sought relief in this circuit under 28 U.S.C. § 2241
for claims similar to those raised here. Hoff v. Rios, No. 06-1497, Order (10th
Cir. May 2, 2007). Mr. Hoff’s appeal is frivolous—as has been stated many
times, the Colorado federal district court lacks jurisdiction over these claims.
Because Mr. Hoff has failed to raise a non-frivolous argument as required by 28
U.S.C. § 1915(e)(2)(B)(i), we DENY Mr. Hoff’s request to proceed on appeal in
forma pauperis and DISMISS the appeal.
Entered for the Court
Paul J. Kelly, Jr.
Circuit Judge
-2-