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FOSTER v. BOOHER

No. 00-6414.

296 F.3d 947 (2002)

Hulett FOSTER, Petitioner-Appellant, v. Glynn BOOHER, Warden, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

July 10, 2002.

Attorney(s) appearing for the Case

Gloyd L. McCoy, Coyle, McCoy & Burton, Oklahoma City, OK, for Petitioner-Appellant.

Lori S. Carter, Assistant Attorney General (W.A. Drew Edmondson, Attorney General, with her on the brief), Oklahoma City, OK, for Respondent-Appellee.

Before EBEL, KELLY, and LUCERO, Circuit Judges.

LUCERO, Circuit Judge.

Garlotte v. Fordice holds that, for purposes of habeas corpus jurisdiction, a prisoner that is "in custody" for one of a series of consecutive sentences is "in custody" for all of those sentences. 515 U.S. 39, 41, 115 S.Ct. 1948, 132 L.Ed.2d 36 (1995). Foster appeals the district court's conclusion that it lacked jurisdiction over his 28 U.S.C. § 2254 petition because Garlotte does not apply...

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