Jeremy Pinson v. Barbara Von Blanckensee

• Court: Court of Appeals for the Ninth Circuit
• Decided: March 25, 2024
• Docket: 22-16668
• Status: Unpublished

Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS MAR 25 2024 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

JEREMY VAUGHN PINSON, No. 22-16668

Petitioner-Appellant, D.C. No. 4:19-cv-00421-RM

v. MEMORANDUM* BARBARA VON BLANCKENSEE,

Respondent-Appellee.

Appeal from the United States District Court for the District of Arizona Rosemary Márquez, District Judge, Presiding

Submitted March 19, 2024** San Francisco, California

Before: FRIEDLAND, SANCHEZ, and H.A. THOMAS, Circuit Judges.

Federal prisoner Jeremy Vaughn Pinson appeals pro se from the district

court’s order denying her 28 U.S.C. § 2241 habeas petition. We have jurisdiction

under 28 U.S.C. § 1291. We review de novo the denial of a § 2241 petition. Lane

v. Swain, 910 F.3d 1293, 1295 (9th Cir. 2018). We affirm.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). As the district court held, the record demonstrates that Pinson did not

properly exhaust her administrative remedies before filing her § 2241 petition. See

28 C.F.R. § 542.15; Martinez v. Roberts, 804 F.2d 570, 571 (9th Cir. 1986). Pinson

does not dispute that she failed to submit a BP-11 form and alleges no facts

indicating that prison officials prevented her from submitting one.

AFFIRMED.