Thomas James Cleary v. Mark A. Henry, Warden, Metropolitan Correctional Center

70 F.3d 1277 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Thomas James CLEARY Petitioner-Appellant v. Mark A. HENRY, Warden, Metropolitan Correctional Center Respondent-Appellee No. 94-56714. United States Court of Appeals, Ninth Circuit. Submitted Nov. 15, 1995. * Decided Nov. 17, 1995. 1 Before: HALL and JOHN T. NOONAN, Jr., Circuit Judges, SHUBB, ** District Judge. 2 MEMORANDUM *** 3 Thomas James Cleary appeals from an order denying his petition for a writ of habeas corpus. Cleary contends that the district court erred in denying his motion for release following the Parole Commission's failure to hold a timely parole revocation hearing. Cleary also argues that he was prejudiced by parole revocation hearings held on October 6, 1994, and December 7, 1994, because he was unable to produce witnesses. Having reviewed the briefs submitted, we affirm the district court's order. I. 4 A district court's decision to grant or deny a conditional writ of habeas corpus is reviewed…