Frank Bohrn v. Warden R. Marques ( 2018 )

United States Court of Appeals
For the Eighth Circuit
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No. 18-2353
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Frank E. Bohrn
lllllllllllllllllllllPetitioner - Appellant
v.
Warden R. Marques
lllllllllllllllllllllRespondent - Appellee
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Appeal from United States District Court
for the District of Minnesota - Minneapolis
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Submitted: September 4, 2018
Filed: October 15, 2018
[Unpublished]
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Before LOKEN, KELLY, and ERICKSON, Circuit Judges.
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PER CURIAM.
Federal inmate Frank Bohrn appeals the district court’s dismissal of his 28
U.S.C. § 2241 petition challenging the decision by Bureau of Prisons (BOP) officials
to postpone his placement in a Residential Reentry Center (RRC). Although the
district court dismissed Bohrn’s petition for lack of jurisdiction, it also adopted the
magistrate judge’s alternative recommendation that the petition should be denied on
the merits.
Construing Bohrn’s petition as a challenge to the BOP’s general policies
regarding RRC placement, see Martin v. Gerlinski, 133 F.3d 1076, 1079 (8th Cir.
1998), we agree with the district court’s alternative disposition. The BOP had the
authority to address, through an internal memo, the allocation of BOP resources. See
Miller v. Whitehead, 527 F.3d 752, 757 (8th Cir. 2008) (stating that even where a
statute requires the BOP to make an individualized determination, it may rely on
rulemaking to resolve certain issues of general applicability). That guidance
instructed BOP officials making placement determinations to consider “the resources
of the facility contemplated,” as required by statute. 18 U.S.C. § 3621(b)(1). There
is no indication that the BOP’s policy caused the agency to abdicate its obligation to
conduct an individualized review of Bohrn’s circumstances in this case.
Accordingly, the judgment below is reversed and the case is remanded with
instructions to deny the petition. See 8th Cir. R. 47A.
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