Conrad v. United States

• Court: Court of Appeals for the Fifth Circuit
• Decided: July 6, 2022
• Docket: 21-60476
• Status: Unpublished

Opinion

Case: 21-60476 Document: 00516383804 Page: 1 Date Filed: 07/06/2022

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit

FILED July 6, 2022 No. 21-60476 Lyle W. Cayce Summary Calendar Clerk

William Desmond Conrad,

Petitioner—Appellant,

versus

United States of America,

Respondent—Appellee.

Appeal from the United States District Court for the Southern District of Mississippi USDC No. 3:21-CV-57

Before Jones, Duncan, and Engelhardt, Circuit Judges. Per Curiam:* William Desmond Conrad, federal prisoner # 39948-044, seeks leave to appeal in forma pauperis (IFP) from the district court’s dismissal of his 28 U.S.C. § 2241 petition seeking a transfer to another prison. He also moves for the appointment of counsel. The district court denied Conrad leave to

* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. Case: 21-60476 Document: 00516383804 Page: 2 Date Filed: 07/06/2022

No. 21-60476

appeal IFP and certified that the appeal was not taken in good faith. See Baugh v. Taylor, 117 F.3d 197, 202 (5th Cir. 1997). The district court considered and rejected the availability of Conrad’s requested relief both under § 2241 and through a civil rights action, and Conrad has not presented any nonfrivolous argument with respect to the district court’s reasons. See 18 U.S.C. § 3621(b); Hernandez v. Garrison, 916 F.2d 291, 293 (5th Cir. 1990); Howard v. King, 707 F.2d 215, 220 (5th Cir. 1983). Accordingly, his motion for leave to appeal IFP is DENIED; the motion to appoint counsel is DENIED; and the appeal is DISMISSED AS FRIVOLOUS. See Baugh 117 F.3d at 202 & n.24; 5th Cir. R. 42.2.