Brian Dorsey v. David Vandergriff

• Court: Court of Appeals for the Eighth Circuit
• Decided: July 6, 2023
• Docket: 23-1078
• Status: Unpublished

Opinion

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Submitted: June 30, 2023 Filed: July 6, 2023 [Unpublished] ____________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-