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Ricky Thomas v. United States Parole Commission

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA


December 9, 2011

RICKY THOMAS,
PETITIONER,
v.
UNITED STATES PAROLE COMMISSION, RESPONDENT.

The opinion of the court was delivered by: The Honorable Susan Illston United States District Judge

[PROPOSED] ORDER ADDING RESPONDENT, GRANTING HABEAS PETITION AND ORDERING PETITIONER'S IMMEDIATE RELEASE

Petitioner Ricky Thomas petitioned the Court for a writ of habeas corpus and order 19 directing respondent United States Parole Commission ["the Commission"] to release him from 20 custody immediately based on his written agreement with the Commission that Mr. Thomas 21 would waive his constitutional and statutory right to a parole-revocation hearing in exchange for 22 a parole date of November 20, 2011. The Commission did not release Mr. Thomas from jail on 23 November 20 as provided in the agreement. He remains incarcerated, under the legal 24 jurisdiction of the Commission, in the Alameda County Jail, Santa Rita ["Santa Rita"]. 25

After argument on the petition on December 9, 2011, the Court hereby ORDERS:

1. Mr. Thomas' petition shall be amended to add as respondent Warden Sheriff Gregory J. Ahern, warden of Santa Rita, where he is incarcerated. See Fed. R. Civ. P. 21 2 (providing that the court "may at any time, on just terms, add or drop a party"); 3

2. The petition shall be granted;

3. Mr. Thomas shall be released immediately from Santa Rita and shall report 5 promptly to the United States Probation Office in the Northern District of California. 6

This order is directed to the United States Parole Commission and the Alameda County Sheriff, 5325 Broder Boulevard, Dublin, California 94568.

IT IS SO ORDERED.

20111209

© 1992-2011 VersusLaw Inc.



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