Prisoner’s motion for change of prison location must be brought as civil action, not as part of criminal case

SENTENCING United States v. Garcia, No. 06-3222, ___ F.3d ___ (10th Cir. Dec. 13, 2006)(Kansas). Appeal of district court’s summary denial of prisoner’s motion to change prison location. HELD: Because prisoner’s motion to change place of imprisonment to location closer to family was filed in criminal case and not in civil rights complaint comporting with requirements of Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971), it was properly denied by district court. Read the opinion here.