Danny Fabricant v. J. Shartle

U.S. Court of Appeals for the Ninth Circuit
Danny Fabricant v. J. Shartle, 707 F. App'x 902 (9th Cir. 2017)
Wallace, Silverman, Bybee

Danny Fabricant v. J. Shartle

Opinion

MEMORANDUM **

Federal prisoner Danny Fabricant appeals pro se from the district court’s judgment dismissing his 28 U.S.C. § 2241 ha-beas petition. We have jurisdiction under 28 U.S.C. § 1291. We review de novo the dismissal of a section 2241 petition, see Alaimalo v. United States, 645 F.3d 1042, 1047 (9th Cir. 2011), and we affirm.

In his section 2241 habeas petition, Fab-ricant challenged the constitutionality, of Ninth Circuit General Order 6.11, which permits a motions panel to reject on behalf of the court a motion for en banc reconsideration of an unpublished order. This claim is not cognizable under section 2241 because it does not concern “the manner, location, or conditions of [his] sentence’s execution.” Hernandez v. Campbell, 204 F.3d 861, 864 (9th Cir. 2000). The district court therefore properly dismissed Fabri-cant’s section 2241 petition.

AFFIRMED.

**

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

Reference

Full Case Name
Danny FABRICANT, Petitioner-Appellant, v. J. T. SHARTLE, Warden, Respondent-Appellee
Status
Unpublished