Mellinger v. US Probation Office

Mellinger v. US Probation Office

Petitioner:	Daniel Mellinger
Respondent:	US Probation Office
Case Number:	1:2018cv00069
Filed:	February 21, 2018
Court:	US District Court for the District of Hawaii
Office:	Hawaii Office
County:	Honolulu
Presiding Judge:	KEVIN S.C. CHANG
Presiding Judge:	SUSAN OKI MOLLWAY
Nature of Suit:	Habeas Corpus (General)
Cause of Action:	28 U.S.C. § 2241 Petition for Writ of Habeas Corpus (federal)
Jury Demanded By:	None

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Date Filed	Document Text
April 16, 2018	Filing 8 ORDER Dismissing Petition. "Petitioner Daniel Mellinger brings this action under 28 U.S.C. § 2241, which provides federal courts with a general grant of habeas authority. See Frantz v. Hazey, 533 F.3d 724, 735 (9th Cir. 2008) (en b anc). Mellinger asserts that his term of supervised release in one criminal case should have run concurrently with his term of parole in a separate case, beginning on July 18, 2014. He asks this court to order that his term of supervised release bega n on July 18, 2014. However, when Mellingers parole was revoked and he was imprisoned (possibly from July 18, 2014, pending the parole revocation hearing), his separate term of supervised release was tolled. The court dismisses the petition because it plainly appears that he is not entitled to the relief he seeks. Mellinger is given leave to file an amended § 2241 petition no later than May 18, 2018." Signed by JUDGE SUSAN OKI MOLLWAY on 4/16/18. (cib, )

Date Filed

Document Text

April 16, 2018

Filing 8 ORDER Dismissing Petition. "Petitioner Daniel Mellinger brings this action under 28 U.S.C. § 2241, which provides federal courts with a general grant of habeas authority. See Frantz v. Hazey, 533 F.3d 724, 735 (9th Cir. 2008) (en b anc). Mellinger asserts that his term of supervised release in one criminal case should have run concurrently with his term of parole in a separate case, beginning on July 18, 2014. He asks this court to order that his term of supervised release bega n on July 18, 2014. However, when Mellingers parole was revoked and he was imprisoned (possibly from July 18, 2014, pending the parole revocation hearing), his separate term of supervised release was tolled. The court dismisses the petition because it plainly appears that he is not entitled to the relief he seeks. Mellinger is given leave to file an amended § 2241 petition no later than May 18, 2018." Signed by JUDGE SUSAN OKI MOLLWAY on 4/16/18. (cib, )

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Petitioner: Daniel Mellinger
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Respondent: US Probation Office
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