David Lee Alexander v. Larry F. Taylor, Warden

Good Law
21 F.3d 1111·1994 U.S. App. LEXIS 20120
United States Court of Appeals for the Ninth CircuitApril 8, 199493-55236California417 words

Opinion

Opinion

21 F.3d 1111 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. David Lee ALEXANDER, Petitioner-Appellant, v. Larry F. TAYLOR, Warden, Respondent-Appellee. No. C.A. 93-55236. United States Court of Appeals, Ninth Circuit. Submitted Oct. 26, 1993. * Decided April 8, 1994. Before: CHOY, GOODWIN, AND SKOPIL, Circuit Judges. 1 MEMORANDUM ** 2 David Lee Alexander appeals the district court's dismissal of his habeas petition for failure to exhaust his administrative remedies. Alexander's petition alleges that the Bureau of Prisons must credit his time spent in state prison against his federal sentence. Where the Bureau has jurisdiction to provide such credit, a petitioner must exhaust his administrative remedies pursuant to the Bureau of Prisons procedures found at 28 C.F.R. Secs. 542.10-.16 prior to filing a habeas petition. Chua Han Mow v. United States, 730 F.2d 1308, 1313 (9th Cir.1984), cert. denied, 470 U.S. 1031 (1985). Alexander has not done so. 3 Alexander argues that the…

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