Kapordelis v. Fox, 090517 FED10, 17-6142

Court:United States Courts of Appeals, Court of Appeals for the Tenth Circuit
Judge Panel:Before BRISCOE, HARTZ, and BACHARACH, Circuit Judges.
Opinion Judge:Mary Beck Briscoe Circuit Judge.
Party Name:GREGORY C. KAPORDELIS, Petitioner-Appellant, v. JOHN B. FOX, Respondent - Appellee.
Case Date:September 05, 2017
Docket Nº:17-6142
 
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GREGORY C. KAPORDELIS, Petitioner-Appellant,

v.

JOHN B. FOX, Respondent - Appellee.

No. 17-6142

United States Court of Appeals, Tenth Circuit

September 5, 2017

         (D. C. No. 5:17-CV-00124-F) (W.D. Okla.)

          Before BRISCOE, HARTZ, and BACHARACH, Circuit Judges.

          ORDER AND JUDGMENT[*]

          Mary Beck Briscoe Circuit Judge.

         After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist in the determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is, therefore, submitted without oral argument.

         Gregory Kapordelis, a federal prisoner appearing pro se, appeals from the district court's order dismissing without prejudice his petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. Exercising jurisdiction pursuant to 28 U.S.C. § 1291, we affirm.

         I

         In 2007, Kapordelis was convicted in the United States District Court for the Northern District of Georgia of three counts of producing child pornography, two counts of receiving child pornography, and one count of possessing child pornography. He was sentenced to a term of imprisonment of 420 months and a $20, 000 fine.

         Kapordelis filed a direct appeal challenging his convictions and sentence. The Eleventh Circuit Court of appeals affirmed Kapordelis's convictions and sentence. United States v. Kapordelis, 569 F.3d 1291 (11th Cir. 2009). The Supreme Court denied certiorari. Kapordelis v. United States, 559 U.S. 917 (2010).

         In 2011, Kapordelis filed a motion to vacate, set aside or correct sentence pursuant to 28 U.S.C. § 2255 in the United States District Court for the Northern District of Georgia, asserting twenty-one grounds for relief. The magistrate judge assigned to the case issued a report and recommendation recommending that the § 2255 motion be denied. Kapordelis v. United States, No. 1:04-CR-249, 2011 WL 7460097 (N.D.Ga. Dec. 12, 2011). The district court adopted the report and recommendation and denied Kapordelis's § 2255 motion. Kapordelis v. United States, No. 1:04-CR-249, 2012 WL 716022 (N.D.Ga. Mar. 6, 2012). Kapordelis sought but was denied a certificate of appealability from the Eleventh Circuit Court of Appeals.

         In 2014, Kapordelis, confined at the time at a federal prison in Marion, Illinois, filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 in the United States District Court for the Southern District of Illinois. Kapordelis argued that the United States District Court for the Northern District of Georgia lost jurisdiction to entertain his earlier § 2255 motion when the district judge presiding over that case failed to rule on a motion to recuse. That oversight, Kapordelis argued, rendered the § 2255 proceeding defective and the order denying his § 2255 motion void. He in turn argued that, under the savings clause of 28 U.S.C. § 2255(e), the United States District Court for the Southern District of Illinois was authorized to consider and resolve seven of the grounds for relief that he originally identified in his § 2255 motion. The United States District Court for the Southern District of Illinois, however, dismissed Kapordelis's § 2241 habeas petition, concluding that "[s]ection 2255(e) was not inadequate or ineffective to test the legality of his conviction and sentence, " and that, in fact, the United States District Court for the Northern District of Georgia denied his § 2255 motion on the merits. Kapordelis v. Walton, No. 14-CV-1005-DRH, 2014 WL 5151030 at *4 (S.D. Ill. Oct. 14, 2014).

         Kapordelis appealed the decision and the Seventh Circuit Court of Appeals affirmed the district court's decision. Kapordelis v. Walton, No. 15-3123 (7th Cir. Dec. 14, 2015). The Supreme Court subsequently denied Kapordelis's petition for writ of certiorari. Kapordelis v. Baird, 136 S.Ct. 2474 (2016).

         On February 7, 2017, Kapordelis, while confined at the United States Bureau of Prison's Federal Transfer Center in Oklahoma City, Oklahoma,...

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