Greenhill v. Menifee

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT October 24, 2006 Charles R. Fulbruge III Clerk No. 05-31147 Conference Calendar ANTHONY LEON GREENHILL, Petitioner-Appellant, versus FREDRICK MENIFEE, Respondent-Appellee. -------------------- Appeal from the United States District Court for the Western District of Louisiana USDC No. 1:05-CV-1378 -------------------- Before JOLLY, DeMOSS, and STEWART, Circuit Judges. PER CURIAM:* Anthony Leon Greenhill, federal prisoner # 56411-097, appeals the dismissal of his petition filed pursuant to 28 U.S.C. § 2241. Greenhill’s claim that the Bureau of Prison’s refusal to transfer him to a prison in the jurisdiction of his criminal conviction violated his due process rights is not cognizable under § 2241 because prisoners lack a constitutionally protected interest in where they are incarcerated. See Olim v. Wakinekona, 461 U.S. 238 (1983). The district court correctly determined that it lacked jurisdiction to review the denial of Greenhill’s * Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. No. 05-31147 -2- 28 U.S.C. § 2255 motion by the United States District Court for the Eastern District of California. See 28 U.S.C. § 2255 ¶ 1. AFFIRMED.