Conrad v. United States ( 2022 )

Case: 21-60476 Document: 00516383804 Page: 1 Date Filed: 07/06/2022
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
July 6, 2022
No. 21-60476 Lyle W. Cayce
Summary Calendar Clerk
William Desmond Conrad,
Petitioner—Appellant,
versus
United States of America,
Respondent—Appellee.
Appeal from the United States District Court
for the Southern District of Mississippi
USDC No. 3:21-CV-57
Before Jones, Duncan, and Engelhardt, Circuit Judges.
Per Curiam:*
William Desmond Conrad, federal prisoner # 39948-044, seeks leave
to appeal in forma pauperis (IFP) from the district court’s dismissal of his
28 U.S.C. § 2241 petition seeking a transfer to another prison. He also moves
for the appointment of counsel. The district court denied Conrad leave to
*
Pursuant to 5th Circuit Rule 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opinion should not be published and is not precedent except under the limited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 5th Circuit Rule 47.5.4.
Case: 21-60476 Document: 00516383804 Page: 2 Date Filed: 07/06/2022
No. 21-60476
appeal IFP and certified that the appeal was not taken in good faith. See
Baugh v. Taylor, 117 F.3d 197, 202 (5th Cir. 1997).
The district court considered and rejected the availability of Conrad’s
requested relief both under § 2241 and through a civil rights action, and
Conrad has not presented any nonfrivolous argument with respect to the
district court’s reasons. See 18 U.S.C. § 3621(b); Hernandez v. Garrison, 916
F.2d 291, 293 (5th Cir. 1990); Howard v. King, 707 F.2d 215, 220 (5th Cir.
1983). Accordingly, his motion for leave to appeal IFP is DENIED; the
motion to appoint counsel is DENIED; and the appeal is DISMISSED AS
FRIVOLOUS. See Baugh 117 F.3d at 202 & n.24; 5th Cir. R. 42.2.
2