Phillip G. Martinez v. Mark A. Henry

70 F.3d 120 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Phillip G. MARTINEZ, Petitioner-Appellant, v. Mark A. HENRY, Respondent-Appellee. No. 95-55494. United States Court of Appeals, Ninth Circuit. Submitted Nov. 6, 1995. * Decided Nov. 9, 1995. Before: GOODWIN, PREGERSON, and REINHARDT, Circuit Judges. 1 MEMORANDUM ** 2 Mark A. Henry, a federal prisoner, appeals pro se the district court's dismissal of his 28 U.S.C. Sec. 2241 petition. He contends the district court erred when it dismissed his petition. We have jurisdiction pursuant to 28 U.S.C. Sec. 2253 , and we vacate and remand. 3 Martinez was on federal parole when he was arrested by California authorities for assault. Because the assault violated the terms of his federal parole, it was revoked. At the time he filed his habeas petition in district court, Martinez was in custody at Terminal Island. 4 On March 13, 1995, Martinez filed a section 2241 habeas petition in district court. On March 17, 1995, the…