Brian Dorsey v. David Vandergriff

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 23-1078
___________________________
Brian J. Dorsey
lllllllllllllllllllllPetitioner - Appellant
v.
David Vandergriff
lllllllllllllllllllllRespondent - Appellee
____________
Appeal from United States District Court
for the Western District of Missouri - Kansas City
____________
Submitted: June 30, 2023
Filed: July 6, 2023
[Unpublished]
____________
Before LOKEN, GRUENDER, and GRASZ, Circuit Judges.
____________
PER CURIAM.
Missouri prisoner Brian Dorsey, who has been sentenced to death for two
murders, appeals the district court’s1 denial of his motion to order the Missouri
1
The Honorable Roseann A. Ketchmark, United States District Judge for the
Western District of Missouri.
Department of Corrections to transfer him to a facility for magnetic resonance
imaging, which he sought in support of state clemency proceedings.
With respect to Dorsey’s reliance on 18 U.S.C. § 3599, this court has already
determined that “[s]ection 3599’s authorization for funding neither confers nor
implies an additional grant of jurisdiction to order state officials to act to facilitate an
inmate’s clemency application,” Tisius v. Vandergriff, 55 F.4th 1153, 1155 (8th Cir.
2022), cert. denied, No. 22-7398, 2023 WL 3804604 (U.S. June 5, 2023), and this
panel is bound by that decision, see Mays v. Bd. of Educ. of Hamburg Sch. Dist., 834
F.3d 910, 918 n.4 (8th Cir. 2016). As to Dorsey’s reliance on the All Writs Act, 28
U.S.C. § 1651, that statute does not provide the district court the authority to grant
the relief requested.
Accordingly, we affirm. See 8th Cir. R. 47B.
______________________________
-2-