United States Tenth Circuit

In a habeas petition alleging that Bureau of Prison officials at petitioner's prison camp were categorically denying review and transfer of eligible inmates to lower-security facilities such as community correction centers and residential re-entry centers in violation of 18 U.S.C. sections 3621(b) and 3624(c), and 28 C.F.R. sections 570.20 and 570.21, the petition is denied where petitioner could not establish that he qualified for the narrow futility exception to the administrative exhaustion requirement because the BOP memoranda relied upon by petitioner did not demonstrate that further prison grievance proceedings would be futile.

Appellate Information

• Decided 02/17/2010
• Published 02/17/2010

Judges

• HOLMES, Circuit Judge., Before KELLY, BRISCOE, and HOLMES, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Agapito Garza, pro se.


• For Appellees:
  
• Paul Farley, Assistant United States Attorney (David M. Gaouette, United States Attorney, with him on the brief), Office of the United States Attorney, District of Colorado, Denver, CO, for Respondent-Appellee.