Roybal

Roybal v. Seifert

Good Law
125 F. Supp. 2d 1188·2000 WL 1877101·2000 U.S. Dist. LEXIS 20170
United States District Court, Central District of CaliforniaDecember 20, 2000CV 00-8396 RCCalifornia2,908 words

Opinion

Opinion

Chapman, J.

MEMORANDUM DECISION AND ORDER

On August 7, 2000, petitioner Roy Roy-bal, a federal inmate proceeding pro se, filed a petition for writ of habeas corpus under 28 U.S.C. § 2241 challenging his continued incarceration. Specifically, the petitioner claims that, having revoked his initial special parole term, the United States Parole Commission (“Commission”) had no authority to impose an additional special parole term, or to place him on regular parole,-or to take away his “street time.” Petition at 7-17. The petitioner seeks “his release from custody and ... that any and all special or regular parole terms [be] concluded.” Id. at 17 . The respondents filed a return to the petition on October 11, 2000; however, petitioner did not file a traverse.

The parties have consented to proceed before a magistrate judge pursuant to 28 U.S.C. § 636 (c).

BACKGROUND

On March 5, 1975, in the United States District Court for the Southern District of California, petitioner pleaded guilty to, and was convicted of, one count of removal of property subject to seizure in violation of 18 U.S.C. § 2232 . Roybal v. United States, 972 F.2d 1342 , 1992 WL 204017 (9th Cir.1992) (table) (hnpublished…

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