Public-domain · open source
OpenJurist

108 F. App'x 743

Ajaj v. Smith

U.S. Courts of Appeals

Decided July 27, 2004

This page is marked noindex.

U.S. Courts of Appeals · decided 2004-07-27

Cited by 5 later decisions (1 by the Supreme Court) — most recently November 2011

Key passage — most relied on by later courts

“Ajaj did not have a protected liberty interest in remaining at FCIEdgefield” and finding that this court was "without jurisdiction over anyone with responsibility for ... conditions” at FCI-Florence, in part because no one with responsibility over that facility was named in that action, but noting that the decision was "without prejudice to Ajaj’s right to challenge the conditions of his [FCI-Florence] confinement in the district court in Colorado”

quoted by 1 later decision, including Ajaj v. United States

“Ajaj did not have a protected liberty interest in remaining at FCIEdgefield” and finding that this court was”

quoted by 1 later decision, including Ajaj v. United States

Applies 28 U.S.C. § 2241 (Antiterrorism and Effective Death Penalty Act of 1996)

Relies on Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics · Bell v. Wolfish · Sandin v. Conner

Good law ✅— No negative treatment on recordhow we know

Affirmed as modified by unpublished per curiam opinion · Decided 2004-07-27

View the full empirical analysis of this case →

PER CURIAM:

¶1 Ahmed M. Ajaj seeks to appeal the district court’s order denying relief in this 28 U.S.C. § 2241 (2000) action. We affirm as modified.

¶2 The complaint alleged constitutional violations at FCI-Edgefield, and is properly construed as an action brought pursuant to Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971). Ajaj sought only equitable relief, and his transfer to the federal penitentiary in Florence, Colorado, mooted his claims about conditions at FCI-Edgefield. See Williams v. Griffin, 952 F.2d 820, 823 (4th Cir.1991). To the extent that Ajaj complained about his transfer to Colorado, the Bureau of Prisons has discretion to determine where and under what conditions a federal prisoner is housed. See Bell v. Wolfish, 441 U.S. 520, 539, 540-41 n. 23, 99 S.Ct. 1861, 60 L.Ed.2d 447 (1979). Further, Ajaj did not have a protected liberty interest in remaining at FCI-Edge-field. See Sandin v. Conner, 515 U.S. 472, 484, 115 S.Ct. 2293, 132 L.Ed.2d 418 (1995). Finally, the district court should not have addressed the conditions of Ajaj’s confinement in Colorado. Ajaj named only the warden at FCI-Edgefield as a defendant and did not amend his complaint to add a cause of action about conditions of his confinement in Colorado. The district court was without jurisdiction over anyone with responsibility for such conditions.

¶3 We accordingly affirm as modified. Ajaj’s motion for the appointment of counsel is denied. This decision is without prejudice to Ajaj’s right to challenge the conditions of his present confinement in the district court in Colorado. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

¶4 AFFIRMED AS MODIFIED

/108/fappx/743 · .json · Public domain