Clinton Eldridge v. Catricia Howard

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

CLINTON T. ELDRIDGE, No. 21-15616 Petitioner-Appellant, D.C. No. v. 4:21-cv-00081-

RCC-LAB

CATRICIA HOWARD; PATRICIA

K. CUSHWA, Acting Chairman of the

U.S. Parole Commission, OPINION Respondents-Appellees.

Appeal from the United States District Court for the District of Arizona Raner C. Collins, District Judge, Presiding

Argued and Submitted December 5, 2022 Phoenix, Arizona

Filed June 2, 2023

Before: Kim McLane Wardlaw and Patrick J. Bumatay, Circuit Judges, and Karen E. Schreier,* District Judge.

Opinion by Judge Schreier; Dissent by Judge Bumatay

* The Honorable Karen E. Schreier, United States District Judge for the District of South Dakota, sitting by designation. SUMMARY**

Habeas Corpus

The panel reversed the district court’s judgment dismissing Clinton Eldridge’s amended habeas corpus petition, which the district court construed as brought under 28 U.S.C. § 2241, and remanded to the district court to decide the petition on the merits. Eldridge filed the instant habeas…