Opinion
23-1078
07-06-2023
Brian J. Dorsey Petitioner-Appellant v. David Vandergriff Respondent-Appellee
Unpublished
Submitted: June 30 2023
Appeal from United States District Court for the Western District of Missouri - Kansas City
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's denial of his motion to order the Missouri Department of Corrections to transfer him to a facility for magnetic resonance imaging, which he sought in support of state clemency proceedings.
The Honorable Roseann A. Ketchmark, United States District Judge for the Western District of Missouri.
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.