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10-15603•LARRY A. GRIMES, Sr. v. H. A. RIOS, Jr., Warden
10-15603Court of Appeals for the Ninth CircuitOct 5, 2011
This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
LARRY A. GRIMES, Sr.,
Petitioner - Appellant,
v.
H. A. RIOS, Jr., Warden,
Respondent - Appellee.
No. 10-15603
D.C. No. 1:09-cv-02002-OWW
MEMORANDUM*
Appeal from the United States District Court
for the Eastern District of California
Oliver W. Wanger, District Judge, Presiding
Submitted September 27, 2011**
Before: HAWKINS, SILVERMAN, and W. FLETCHER, Circuit Judges.
Federal prisoner Larry A. Grimes, Sr., appeals pro se from the district
court’s judgment dismissing his 28 U.S.C. § 2241 habeas petition. We have
jurisdiction under 28 U.S.C. § 1291, and we affirm.
FILED
OCT 5 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS
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10-15603 2
Grimes contends that the district court erred by dismissing his petition
because a parole violation warrant, lodged as a detainer, violates his rights by
remaining unexecuted while he serves his sentence for a 2003 bank robbery.
Grimes is not currently suffering any loss of liberty because of the unexecuted
parole violation warrant. He has no right to disposition of the parole violation
warrant prior to the expiration of his current sentence. See Moody v. Daggett, 429
U.S. 78, 86-87 (1976); United States v. Garrett, 253 F.3d 443, 447-48 (9th Cir.
2001). Grimes’s remaining contentions lack merit.
AFFIRMED.
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