Boyle v. Wilson

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

No. 19-10626
Summary Calendar

DENNIS BOYLE,

Petitioner-Appellant

v.

WARDEN WILSON,

Respondent-Appellee

Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:19-CV-327

Before JOLLY, ELROD, and GRAVES, Circuit Judges.
PER CURIAM:
*

Dennis Boyle, federal prisoner # 75596-097, appeals the dismissal for
lack of subject matter jurisdiction of his 28 U.S.C. § 2241 petition challenging
the constitutionality of certain Bureau of Prisons program statements that
restrict his ability to use the prison’s electronic messaging system. The district
court held that Boyle’s challenge was to the conditions of his confinement and,
as such, it was not cognizable on § 2241 review. We review de novo the district

*
Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5
TH
CIR. R. 47.5.4.
United States Court of Appeals
Fifth Circuit
FILED
August 4, 2020

Lyle W. Cayce
Clerk
Case: 19-10626 Document: 00515514983 Page: 1 Date Filed: 08/04/2020

19-10626
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court’s dismissal of the § 2241 petition on the pleadings. See Pack v. Yusuff,
218 F.3d 448, 451 (5th Cir. 2000).
A § 2241 habeas petition is the proper procedural vehicle for challenging
an action that “directly implicates the duration of” a prisoner’s confinement.
Davis v. Fechtel, 150 F.3d 486, 487, 490 (5th Cir. 1998). It is not, however, the
proper procedural vehicle for claims, such as Boyle’s, regarding the conditions
of confinement. See id. at 490; Carson v. Johnson, 112 F.3d 818, 820-21 (5th
Cir. 1997). Boyle therefore has shown no error on the part of the district court.
See Pack, 218 F.3d at 451.
AFFIRMED.
Case: 19-10626 Document: 00515514983 Page: 2 Date Filed: 08/04/2020