TINDER v. PAULA

No. 83-1507.

725 F.2d 801 (1984)

Robert L. TINDER, Petitioner, Appellant, v. Sister Rose PAULA, SND, et al., Respondents, Appellees.

United States Court of Appeals, First Circuit.

Decided January 16, 1984.

As Amended on Denial of Rehearing February 23, 1984.


Attorney(s) appearing for the Case

Robert W. Hagopian, Cambridge, Mass., with whom John Stopa, Cambridge, Mass., was on brief, for petitioner, appellant.

Barbara A.H. Smith, Asst. Atty. Gen., Chief, Criminal Appellate Div., Boston, Mass., with whom Francis X. Bellotti, Atty. Gen., and Frederick W. Riley, Asst. Atty. Gen., Chief, Criminal Bureau, Boston, Mass., were on brief, for respondents, appellees.

Before CAMPBELL, Chief Judge, SWYGERT, Senior Circuit Judge, and BOWNES, Circuit Judge.


SWYGERT, Senior Circuit Judge.

Petitioner-appellant Robert Tinder appeals from the dismissal on the merits of his habeas corpus petition by the United States District Court for the District of Massachusetts. We find that there is no federal jurisdiction over Tinder's claim because Tinder was not "in custody" as required by the habeas statute at the time he filed the present petition.

On June 7, 1977, Tinder, then a fourteen-year-old juvenile, was charged in...

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