Marion Calvin Tucker v. Peter Carlson, Warden

Marion Calvin Tucker, a former federal prisoner, appeals pro se the district court’s summary judgment in favor of defendants Peter M. Carlson, Warden of the Federal Corrections Institution in Phoenix, Arizona (“FCI”), and Thomas E. Taylor, Administrative Systems Manager at FCI. Tucker brought this action alleging that the defendants violated his civil rights by failing to credit the time he spent in state custody toward shortening his federal sentence. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, Kruso v. International Tel. & Tel. Corp., 872 F.2d 1416 , 1421 (9th Cir.1989), cert. denied, — U.S. —, 110 S.Ct. 3217 , 110 L.Ed.2d 664 (1990), and affirm.

I

On January 21,1974, Tucker was convicted in federal court of bank robbery and sentenced to fifteen years in federal prison. He was released on parole on September 7, 1978. While on parole, Tucker was arrested and charged with six counts of robbery in California. He pleaded guilty to three counts and was sentenced to six years in state prison.

On October 8, 1979, the United States Parole Commission (“Commission”) issued a warrant for Tucker’s arrest. After a hearing, the Commission revoked Tucker’s parole,…