Cook v. Maleng

847 F.2d 616 Mark Edwin COOK, Petitioner-Appellant, v. Norm MALENG, King County Prosecuting Attorney; Amos E. Reed, Secretary of the Washington State Department of Social & Health Services; Kenneth O. Eikenberry, Attorney General, Respondents-Appellees. No. 86-4151. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 8, 1988. Decided June 2, 1988. John Midgley, Smith, Midgley & Pumplin, Seattle, Wash., for petitioner-appellant. Charles S. Faddis, Asst. Atty. Gen., Olympia, Wash., for respondents-appellees. Appeal from the District Court for the Western District of Washington. Before TANG and CANBY, Circuit Judges, and CURTIS, * District Judge. PER CURIAM: 1 Mark Edwin Cook, a federal prisoner, appeals pro se the dismissal for lack of subject matter jurisdiction of his 28 U.S.C. Sec. 2254 habeas petition. Cook alleges that the district court erred in finding that he was not sufficiently "in custody" to confer subject matter jurisdiction over his challenge to a 1958 state conviction. We agree. BACKGROUND 2 Cook is currently serving a 30-year federal sentence for bank robbery and conspiracy. In 1958, a jury in Washington state court convicted Cook of…