Morris Johnson v. United States

Opinion

United States Court of Appeals FOR THE EIGHTH CIRCUIT

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No. 96-2789

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Morris Lynn Johnson, *

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Appellant, * * Appeal from the United States v. * District Court for the * District of Minnesota.

United States of America, * * [UNPUBLISHED]

Appellee. *

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Submitted: March 4, 1997

Filed: March 10, 1997

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Before McMILLIAN, FAGG, and LOKEN, Circuit Judges.

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PER CURIAM.

Morris Johnson appeals from the district court's1 order dismissing without prejudice for lack of subject matter jurisdiction his motion to expunge or correct records of the Bureau of Prisons and the United States Parole Commission. Reviewing de novo, we conclude that Johnson's motion was properly construed as an attack on the execution of his sentence, and as such, is cognizable in a 28 U.S.C. § 2241 petition filed in a court with jurisdiction over Johnson's present custodian. See Bell v. United States, 48 F.3d 1042, 1043-44 (8th Cir. 1995); Schneider v. United

The HONORABLE DAVID S. DOTY, United States District Judge for the District of Minnesota.

States, 27 F.3d 1327, 1331 (8th Cir. 1994) (standard of review), cert. denied, 115 S. Ct. 723 (1995). As Johnson is incarcerated in

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Illinois, his petition was not properly filed in the District of Minnesota. Accordingly, we affirm.

A true copy.

Attest:

CLERK, U. S. COURT OF APPEALS, EIGHTH CIRCUIT.