Andrew G. Frederick v. United States

Ninth Circuit

Andrew G. Frederick v. United States

458 F.2d 394, 1972 U.S. App. LEXIS 10196

CourtCourt of Appeals for the Ninth Circuit

DecidedApril 10, 1972

Docket71-2351

StatusPublished

Cited by1 cases

This text of 458 F.2d 394 (Andrew G. Frederick v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Andrew G. Frederick v. United States, 458 F.2d 394, 1972 U.S. App. LEXIS 10196 (9th Cir. 1972).

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Opinion

PER CURIAM:

Andrew G. Frederick, a federal prisoner incarcerated in a California state penal institution, appeals from an order denying his motion for correction of sentence under 28 U.S.C. § 2255. Appellant claims that he has been denied a timely parole hearing. The District Court, having been advised by the Federal Parole Board that appellant’s parole application would be considered, denied appellant’s motion. The court added, however, that it would not finally dispose of the matter until notified of the Board’s decision. The order appealed from is thus not final and is not an appealable order under 28 U.S.C. § 1291.

The appeal is accordingly dismissed for lack of jurisdiction. The District Court should notify appellant when it finally disposes of his case.

Dismissed.

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PER CURIAM:

Andrew G. Frederick, a federal prisoner incarcerated in a California state penal institution, appeals from an order denying his motion for correction of sentence under 28 U.S.C. § 2255. Appellant claims that he has been denied a timely parole hearing. The District Court, having been advised by the Federal Parole Board that appellant’s parole application would be considered, denied appellant’s motion. The court added, however, that it would not finally dispose of the matter until notified of the Board’s decision. The order appealed from is thus not final and is not an appealable order under 28 U.S.C. § 1291.

The appeal is accordingly dismissed for lack of jurisdiction. The District Court should notify appellant when it finally disposes of his case.

Dismissed.

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Bluebook (online)

458 F.2d 394, 1972 U.S. App. LEXIS 10196, Counsel Stack Legal Research, https://law.counselstack.com/opinion/andrew-g-frederick-v-united-states-ca9-1972.

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