James Mincoff v. Eric H. Holder Jr.

U.S. Court of Appeals for the Ninth Circuit
James Mincoff v. Eric H. Holder Jr., 396 F. App'x 468 (9th Cir. 2010)

James Mincoff v. Eric H. Holder Jr.

Opinion

MEMORANDUM **

Federal prisoner James Mincoff appeals from the district court’s judgment dismissing his 28 U.S.C. § 2241 habeas petition. We have jurisdiction under 28 U.S.C. § 2253, and we affirm.

Mincoff contends that the district court erred by dismissing his petition on the grounds that he failed to exhaust administrative remedies because any attempt to exhaust such remedies would have been futile. The record reflects that the district court did not err by dismissing the petition as unexhausted. See Martinez v. Roberts, 804 F.2d 570, 571 (9th Cir. 1986) (federal prisoners required to exhaust administrative remedies prior to bringing a petition for a writ of habeas corpus); see also Terrell v. Brewer, 935 F.2d 1015, 1019 (9th Cir. 1991) (noting the exceptions to exhaustion and concluding that petitioner did not show such exceptions to be applicable).

AFFIRMED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Reference

Full Case Name
James MINCOFF, Petitioner-Appellant, v. Eric H. HOLDER, Jr., Attorney General; Et Al., Respondents-Appellees
Status
Unpublished