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VAN ZANT v. FLORIDA PAROLE COMM'N

No. 95-4951 Non-Argument Calendar.

104 F.3d 325 (1997)

Phillip VAN ZANT, Petitioner-Appellant, v. FLORIDA PAROLE COMMISSION, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

January 24, 1997.

Attorney(s) appearing for the Case

Kurt E. Ahrendt, Asst. General Counsel, Florida Parole Com'n, Tallahassee, FL, for Respondent-Appellee.

Before TJOFLAT, COX and BLACK, Circuit Judges.

PER CURIAM:

Phillip Van Zant appeals the district court's denial of his pro se habeas petition challenging a parole revocation proceeding. We reverse and remand with instructions to dismiss the petition for lack of subject matter jurisdiction because Van Zant was not "in custody" under 28 U.S.C. § 2241 to challenge the parole revocation at the time of the filing of his petition.

I. BACKGROUND

In 1979, Van Zant entered a plea of nolo...

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