Lyle Franklin Hervey v. J.L. Sivley Patricia Branoman, Attorney General of the State of California

978 F.2d 1265 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Lyle Franklin HERVEY, Petitioner-Appellant, v. J.L. SIVLEY; Patricia Branoman, Attorney General of the State of California, Respondents-Appellees. No. 91-16814. United States Court of Appeals, Ninth Circuit. Submitted Nov. 6, 1992. * Decided Nov. 9, 1992. Before SNEED, ALARCON and CANBY, Circuit Judges. 1 MEMORANDUM ** 2 Appellant challenges the district court's denial of his habeas petition and claims that a violation of the Interstate Agreement on Detainers Act requires that the charges pending against him in California be dismissed. We affirm the district court. I. FACTS AND PRIOR PROCEEDINGS 3 The appellant was arrested in April of 1989 and held in the Metropolitan Detention Center (MDC) in Los Angeles. On July 5, 1989, while the appellant was still in custody in Los Angeles, the extradition secretary with the San Bernadino County District Attorney's Office, Diane Miller, received a preprinted form letter…