United States v. Anthony Austin, No. 14-1465 (8th Cir. 2014)
Annotate this CaseCourt Description: Prisoner case - habeas. Challenge to a warrant and detainer issued by the U.S. Parole Commission rejected as the Commission has not yet acted on the warrant Austin contends is invalid; the district court's denial of relief is modified to be without prejudice to Austin's right to raise a challenge if the Commission executes the warrant.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 14-1465 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Anthony L. Austin, also known as Wa'il Mansur Muhannad lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the District of Nebraska - Omaha ____________ Submitted: October 7, 2014 Filed: October 10, 2014 [Unpublished] ____________ Before WOLLMAN, BYE, and SMITH, Circuit Judges. ____________ PER CURIAM. Anthony Austin appeals the district court s1 order denying his motion for declaratory judgment and injunctive relief, construed by the court as a 28 U.S.C. 1 The Honorable Joseph F. Bataillon, United States District Judge for the District of Nebraska. ยง 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. ______________________________ -2-
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