Carson

Carson v. Meador

Good Law
120 F. Supp. 260·1954 U.S. Dist. LEXIS 3548
United States District Court, Southern District of CaliforniaApril 7, 1954No. 16117California907 words

Opinion

lead Opinion

Tolin, J.

The present adjudication is upon respondent’s motion to dismiss Petition For Declaratory Judgment.

The petition recites that petitioner, now a resident of this District, was convicted of an offense in the District Court in Memphis, Tennessee. Upon that conviction he was sentenced to, and did serve, a term of years in an institution. He was granted conditional *261 release from the United States Penitentiary at Atlanta on October 28, 1950. The Order of Conditional Release recited as of that time that he was entitled to certain deductions from his term of imprisonment, and petitioner now claims a right to certain additional credits. He alleges that by reason of provisions of Section 4164, Title 18 U.S.C.A., and a proper computation of his sentence in the light of said credits, he should now be released from parole supervision. There is no allegation that he has ever asked to be so released and under the rule that administrative remedies must be exhausted before Judicial remedies arise in such cases, he has not stated a cause for relief even if the Court otherwise has jurisdiction. Aircraft & Diesel Equipment Corp. v. Hirsch, 331 U.S. 752 , 67 S.Ct. 1493 , 91 L.Ed. 1796 ; Macauley…

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