Ismail Sloan v. Sheriff Michael Hennessey

15 F.3d 1089 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Ismail SLOAN, Plaintiff-Appellant, v. Sheriff Michael HENNESSEY, et al., Defendant-Appellee. No. 93-15536. United States Court of Appeals, Ninth Circuit. Submitted Nov. 23, 1993. * Decided Dec. 29, 1993. Before: KILKENNY, SNEED and FERGUSON, Circuit Judges. 1 MEMORANDUM ** 2 While in custody in San Francisco city jail pending extradition to Virginia, Ismail Sloan petitioned for a writ of habeas corpus and a stay of the extradition Order pending the resolution of his habeas claim. Finding that Sloan did not properly allege facts sufficient to allow the district court to examine the extradition claim, the district court dismissed Sloan's petition on October 13, 1992. The court, however, gave Sloan "leave to amend to state a challenge to the extradition, if appropriate, within this Court's limited scope of review." In the meantime Sloan was extradited to Virginia. On November 18, 1992, the district court dismissed…