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United States v. Austin

United States Court of Appeals For the Eighth Circuit
Oct 10, 2014
No. 14-1465 (8th Cir. Oct. 10, 2014)

Summary

affirming the denial of § 2241 relief where the United States Parole Commission had "not yet acted on the warrant that Austin claims is invalid."

Summary of this case from Bradin v. Thomas

Opinion

No. 14-1465

10-10-2014

United States of America Plaintiff - Appellee v. Anthony L. Austin, also known as Wa'il Mansur Muhannad Defendant - Appellant


Appeal from United States District Court for the District of Nebraska - Omaha [Unpublished] Before WOLLMAN, BYE, and SMITH, Circuit Judges. PER CURIAM.

Anthony Austin appeals the district court's order denying his motion for declaratory judgment and injunctive relief, construed by the court as a 28 U.S.C. § 2241 petition. Austin challenged the validity of a warrant and detainer issued against him by the United States Parole Commission, contending that the Parole Commission lacked authority to supervise him or treat him as a parolee. Following de novo review, we affirm the denial of relief, because the Parole Commission has not yet acted on the warrant that Austin claims is invalid. See Parrish v. Dayton, 761 F.3d 873, 875-76 (8th Cir. 2014) (explaining ripeness). Accordingly, we modify the judgment to reflect that it is without prejudice to Austin's right to raise his challenge in the future, should the Parole Commission execute the warrant.

The Honorable Joseph F. Bataillon, United States District Judge for the District of Nebraska.


Summaries of

United States v. Austin

United States Court of Appeals For the Eighth Circuit
Oct 10, 2014
No. 14-1465 (8th Cir. Oct. 10, 2014)

affirming the denial of § 2241 relief where the United States Parole Commission had "not yet acted on the warrant that Austin claims is invalid."

Summary of this case from Bradin v. Thomas

affirming the denial of § 2241 relief where the United States Parole Commission had "not yet acted on the warrant that Austin claims is invalid."

Summary of this case from Bradin v. Thomas
Case details for

United States v. Austin

Case Details

Full title:United States of America Plaintiff - Appellee v. Anthony L. Austin, also…

Court:United States Court of Appeals For the Eighth Circuit

Date published: Oct 10, 2014

Citations

No. 14-1465 (8th Cir. Oct. 10, 2014)

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