Shabazz v. Carroll

833 F.2d 149 Lennal Khabir SHABAZZ, Plaintiff-Appellant, v. Midge CARROLL, Superintendent, California Institution for Men, United States of America, Attorney General of California and Attorney General, United States, Defendants-Appellees. No. 84-6391. United States Court of Appeals, Ninth Circuit. Nov. 25, 1987. Lennal Khabir Shabazz, in pro per. Robert A. Pallemon, Los Angeles, Cal., for defendants-appellees. Before MERRILL, GOODWIN and FLETCHER, Circuit Judges. ORDER 1 The defendants-appellees' petition for rehearing is granted. That portion of the opinion entered herein on April 10, 1987, 814 F.2d 1321 , that gives Shabazz credit for time spent in state prison against Shabazz's federal sentence is vacated. This court lacks jurisdiction to grant such relief. 2 The full court has been advised of the suggestion for rehearing en banc and no active judge had requested a vote on whether to rehearing the matter en banc. (Fed.R.App.P. 35.) 3 The suggestion for rehearing en banc is denied.