Kenneth Ware v. United States Parole Commission

985 F.2d 577 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Kenneth WARE, Petitioner-Appellant, v. UNITED STATES PAROLE COMMISSION, Respondent-Appellee. No. 92-55355. United States Court of Appeals, Ninth Circuit. Submitted Jan. 27, 1993. * Decided Feb. 1, 1993. Before REINHARDT, CYNTHIA HOLCOMB HALL and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Kenneth Ware appeals pro se the district court's dismissal of his 28 U.S.C. § 2241 petition for writ of habeas corpus and denial of his application for a temporary restraining order (TRO). Ware contends that his federal sentence has expired and, therefore, the United States Parole Commission (Commission) lacks jurisdiction over him. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm. 3 We review de novo the district court's decision on a writ of habeas corpus. Hunter v. Aispuro, No. 90-16398, slip op. at 14953-54 (9th Cir. Dec. 31, 1992). Although an appeal from a denial of a TRO is usually treated as premature,…