COOK v. MALENG

No. 86-4151.

847 F.2d 616 (1988)

Mark Edwin COOK, Petitioner-Appellant, v. Norm MALENG, King County Prosecuting Attorney; Amos E. Reed, Secretary of the Washington State Department of Social & Health Services; Kenneth O. Eikenberry, Attorney General, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 2, 1988.


Attorney(s) appearing for the Case

John Midgley, Smith, Midgley & Pumplin, Seattle, Wash., for petitioner-appellant.

Charles S. Faddis, Asst. Atty. Gen., Olympia, Wash., for respondents-appellees.

Before TANG and CANBY, Circuit Judges, and CURTIS, District Judge.


PER CURIAM:

Mark Edwin Cook, a federal prisoner, appeals pro se the dismissal for lack of subject matter jurisdiction of his 28 U.S.C. § 2254 habeas petition. Cook alleges that the district court erred in finding that he was not sufficiently "in custody" to confer subject matter jurisdiction over his challenge to a 1958 state conviction. We agree.

BACKGROUND

Cook is currently serving a 30-year federal sentence for bank robbery and conspiracy...

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