FILED
United States Court of Appeals
Tenth Circuit
June 3, 2011
UNITED STATES COURT OF APPEALS
Elisabeth A. Shumaker
Clerk of Court
TENTH CIRCUIT
BEN J. MULLINS,
Petitioner-Appellant,
v. No. 10-3309
(D.C. No. 5:10-CV-03163-RDR)
CLAUDE CHESTER, (D. Kansas)
Respondent-Appellee.
ORDER AND JUDGMENT *
Before O’BRIEN, McKAY, and TYMKOVICH, Circuit Judges.
After examining Appellant’s brief and the appellate record, this panel has
determined unanimously that oral argument would not materially assist in the
determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G).
This case is therefore ordered submitted without oral argument.
Appellant, a federal prisoner proceeding pro se, appeals from the district
court’s dismissal of his 28 U.S.C. § 2241 habeas petition. We affirm. The
district court correctly held that Appellant’s challenges to the legality and
*
This order and judgment is not binding precedent, except under the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.
jurisdictional basis of his conviction needed to be brought under § 2255, not §
2241, and therefore needed to be filed in the Western District of Missouri, the
court in which Appellant was convicted and sentenced. See Bradshaw v. Story,
86 F.3d 164, 166 (10th Cir. 1996). The fact that Appellant may be precluded
from filing a second § 2255 petition in that court does not establish that the
remedy under § 2255 is inadequate. See Caravalho v. Pugh, 177 F.3d 1177, 1179
(10th Cir. 1999). Because our precedent clearly foreclosed Appellant’s attempt to
challenge his conviction through a § 2241 motion, we also see no error in the
district court’s denial of Appellant’s application to proceed without prepayment
of fees on appeal.
For substantially the same reasons stated by the district court, we AFFIRM
the district court’s rulings and DENY Appellant’s in forma pauperis motion to
this court. Appellant is ordered to immediately pay his appellate filing fees in
full.
ENTERED FOR THE COURT
Monroe G. McKay
Circuit Judge
-2-