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18-069 - Mellinger v. US Probation Office


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18-069 - Mellinger v. US Probation Office
April 16, 2018
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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 banc). 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 begat 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, )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 However, when Mellingers parole was revoked and he was imprisoned (possibly from July 18, 2014, pending the parole revocation hearing), his separate term of supervised release was tolled.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 i