James Mitchell v. C v. Rivera ( 2016 )

United States Court of Appeals
For the Eighth Circuit
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No. 15-3478
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James Mitchell
lllllllllllllllllllll Plaintiff - Appellant
v.
C.V. Rivera, Warden, FCI - Forrest City Medium
lllllllllllllllllllll Defendant - Appellee
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Appeal from United States District Court
for the Eastern District of Arkansas - Helena
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Submitted: June 2, 2016
Filed: June 10, 2016
[Unpublished]
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Before MURPHY, BOWMAN, and BENTON, Circuit Judges.
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PER CURIAM.
James Mitchell appeals the district court’s1 dismissal of his 28 U.S.C. § 2241
petition. Having jurisdiction under 28 U.S.C. § 1291, this court affirms.
1
The Honorable Joe J. Volpe, United States Magistrate Judge for the Eastern
District of Arkansas, to whom the case was referred for final disposition by consent
of the parties pursuant to 28 U.S.C. § 636(c).
Following a de novo review of the record and careful consideration of
Mitchell’s arguments for reversal, this court concludes that Mitchell is not entitled
to relief. See Hill v. Morrison, 349 F.3d 1089, 1091 (8th Cir. 2003) (de novo review
of § 2241 petitions). The district court did not order concurrent sentences and the
Bureau of Prisons did not err in denying Mitchell’s request for nunc pro tunc
designation. See 18 U.S.C. § 3584(a) (unless court orders otherwise, multiple
sentences imposed at different times run consecutively); 18 U.S.C. § 3621(b) (listing
factors BOP must consider in designating place of prisoner’s imprisonment); Elwell
v. Fisher, 716 F.3d 477, 485-86 (8th Cir. 2013) (BOP’s denial of nunc pro tunc
designation is reviewed for abuse of discretion).
The judgment is affirmed. See 8th Cir. R. 47B.
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