Hector Clyde Wood v. Frank A. Hall

45 F.3d 438 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Hector Clyde WOOD, Petitioner-Appellant, v. Frank A. HALL, Respondent-Appellee. No. 94-35211. United States Court of Appeals, Ninth Circuit. Submitted Dec. 19, 1994. * Decided Dec. 28, 1994. Before: SNEED, D.W. NELSON, and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Hector Clyde Wood, an Oregon state prisoner, appeals pro se the dismissal of his 28 U.S.C. Sec. 2254 habeas corpus petition challenging his conviction for failure to appear in the first degree. Wood contends that the district court erred by refusing to consider his habeas petition because he had absconded from parole supervision. We affirm. 3 It is a jurisdictional requirement that, at the time a habeas petition is filed, "the habeas petitioner be 'in custody' under the conviction or sentence under attack[.]" Maleng v. Cook, 490 U.S. 488, 490-91 (1989) (citing 28 U.S.C. Secs. 2241 (c)(3) & 2254(a); Carafas v. LaVallee, 391 U.S. 234, 238 (1968)). A…