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HAYDEN v. KEANE

No. 00 CIV. 9509(SAS).

154 F.Supp.2d 610 (2001)

Joseph P. HAYDEN, Petitioner, v. John P. KEANE, Supt. of Woodbourne Correctional Facility, the United States Parole Commission, and the Attorney General of the United States, Respondents.

United States District Court, S.D. New York.

June 25, 2001.

Attorney(s) appearing for the Case

J. Jeffrey Weisenfeld, New York, NY, for petitioner.

Elizabeth Wolstein, Assist. U.S. Atty., New York, NY, for respondents.

OPINION AND ORDER

SCHEINDLIN, District Judge.

In his petition seeking release from custody pursuant to 28 U.S.C. § 2241, Joseph Hayden ("petitioner") alleges that a five-month delay in issuing a parole violation warrant was impermissible under 18 U.S.C. § 4213(b). According to petitioner, this delay invalidated the warrant thereby preventing a toll of his federal sentence which expired while he was serving an unrelated state sentence. Petitioner...

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