Earl J. Anderson v. United States, 898 F.2d 751 (9th Cir. 1990). · Go Syfert
Earl J. Anderson v. United States, 898 F.2d 751 (9th Cir. 1990). Cases Citing This Book View Copy Cite
“ecause the record conclusively shows that petitioner is not entitled 16 to habeas corpus under 28 u.s.c. 2241 , no evidentiary hearing was required.”
34 citation events (23 in the last 25 years) across 5 distinct courts.
Strongest positive: David Jah Sr. v. Warden, FCI Victorville Med. 1 (cacd, 2025-07-17)
Treatment trajectory · 1990 → 2026 · click a year to view as-of
1990 2008 2026
Top citers, strongest first. 29 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) David Jah Sr. v. Warden, FCI Victorville Med. 1
C.D. Cal. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
ecause the record conclusively shows that petitioner is not entitled 16 to habeas corpus under 28 u.s.c. 2241 , no evidentiary hearing was required.
discussed Cited as authority (rule) Williams v. Warden
9th Cir. · 2026 · confidence medium
Insofar as Williams contends the district court should have held an evidentiary hearing, we conclude that one was not required because “the record conclusively shows that [Williams] is not entitled to habeas corpus under 28 U.S.C. § 2241 .” Anderson v. United States, 898 F.2d 751, 753 (9th Cir. 1990).
cited Cited as authority (rule) (HC) Papazian v. B.M. Trate
E.D. Cal. · 2025 · confidence medium
Anderson v. 24 United States, 898 F.2d 751, 753 (9th Cir. 1990).
discussed Cited as authority (rule) Mays v. Doerer
9th Cir. · 2025 · confidence medium
Contrary to Mays’s remaining arguments, the district court did not err by denying Mays’s petition without an evidentiary hearing because “the record conclusively shows that [Mays] was not entitled to habeas corpus.” Anderson v. United States, 898 F.2d 751, 753 (9th Cir. 1990).
discussed Cited as authority (rule) Martin v. USA
9th Cir. · 2025 · confidence medium
The district court did not err by denying an evidentiary hearing because “the record conclusively shows that [Petitioner] was not entitled to habeas corpus.” Anderson v. United States, 898 F.2d 751, 753 (9th Cir. 1990) (per curiam). 4 23-4037 6.
discussed Cited as authority (rule) Victor Fourstar, Jr. v. Paul Copenhaver
9th Cir. · 2019 · confidence medium
The district court did not abuse its discretion by declining to grant an evidentiary hearing because the record “conclusively shows that petitioner is not entitled to habeas corpus under 28 U.S.C. § 2241 .” Anderson v. United States, 898 F.2d 751, 753 (9th Cir. 1990). 2 AFFIRMED.1 1 We GRANT the motion to withdraw the related motion to consolidate appeals (Dkt.
discussed Cited as authority (rule) George Whitmore, Jr. v. J.D. Swinson, Jr.
9th Cir. · 1994 · confidence medium
The issuance of the parole violator warrant in 1985 tolled the running of the 1976 sentence, see Anderson v. United States, 898 F.2d 751, 752 (9th Cir.1990) (per curiam), and the Commission has the authority to order forfeiture of Whitmore's street time as a consequence of parole revocation, see Rizzo v. Armstrong, 921 F.2d 855, 861 (9th Cir.1990).
discussed Cited as authority (rule) United States v. Mark W. Nicholson
9th Cir. · 1994 · confidence medium
Sec. 2241 , no evidentiary hearing was required." Anderson v. United States, 898 F.2d 751, 753 (9th Cir.1990). 10 The district court's denial of Nicholson's motion is AFFIRMED. * The panel unanimously finds this case suitable for decision without oral argument.
cited Cited as authority (rule) David Lee Alexander v. Larry F. Taylor, Warden
9th Cir. · 1993 · confidence medium
Anderson v. United States, 898 F.2d 751, 752 (9th Cir.1990).
cited Cited as authority (rule) Savage-El v. Rison
9th Cir. · 1990 · confidence medium
Anderson v. United States, 898 F.2d 751, 753 (9th Cir.1990).
examined Cited "see" Norton v. Derr (3×)
D. Haw. · 2022 · signal: see · confidence high
See Anderson v. United States, 898 F.2d 751, 753 (9th Cir. 1990) (citing Spikes v. United States, 633 F.2d 144, 145 (9th Cir. 1980)).
discussed Cited "see" Lopez v. Derr (2×)
D. Haw. · 2022 · signal: see · confidence high
See Anderson v. United States, 898 F.2d 751, 753 (9th Cir. 1990) (citing Spikes v. United States, 633 F.2d 144, 145 (9th Cir. 1980)). 28 C.F.R. § 551.101 , and the assertion that he has identified pretrial inmates in his housing unit.
cited Cited "see" (HC) Staich v. US Parole Commissioner
E.D. Cal. · 2021 · signal: see · confidence high
See Anderson v. United States, 898 F.2d 751 (9th Cir. 1990) (once 22 dispositional review was granted, the claim was moot).
discussed Cited "see" Willis v. Sequeira
D. Haw. · 2021 · signal: see · confidence high
See Anderson v. United States, 898 F.2d 751, 753 (9th Cir. 1990) (per curiam) (“because the record conclusively shows that petitioner is not entitled to habeas corpus under 28 U.S.C. § 2241 , no evidentiary hearing was required”).
discussed Cited "see" Higa v. Kobayashi
D. Haw. · 2020 · signal: see · confidence high
See Anderson v. United States, 898 F.2d 751, 753 (9th Cir. 1990) (per curiam) (“because the record conclusively shows that petitioner is not entitled to habeas corpus under 28 U.S.C. § 2241 , no evidentiary hearing was required”).
cited Cited "see" Gino Carlucci v. Barbara Von Blanckensee
9th Cir. · 2019 · signal: see · confidence high
See Anderson v. United States, 898 F.2d 751, 753 (9th Cir. 1990).
cited Cited "see" Clifton Milton v. J. Shartle
9th Cir. · 2019 · signal: see · confidence high
See Anderson v. United States, 898 F.2d 751, 753 (9th Cir. 1990).
cited Cited "see" David Fitch v. Calvin Johnson
9th Cir. · 2018 · signal: see · confidence high
See Anderson v. United States, 898 F.2d 751, 753 (9th Cir.1990).
cited Cited "see" Celafoi Doly v. Paul Copenhaver
9th Cir. · 2015 · signal: see · confidence high
See Anderson v. United States, 898 F.2d 751, 753 (9th Cir.1990).
cited Cited "see" Babb v. Bullock
9th Cir. · 2010 · signal: see · confidence high
See Anderson v. United States, 898 F.2d 751, 753 (9th Cir.1990).
cited Cited "see" Anthony Greenhill v. Harley Lappin
9th Cir. · 2010 · signal: see · confidence high
See Anderson v. United States, 898 F.2d 751, 753 (9th Cir.1990) (per curiam).
cited Cited "see" Winters-El v. U.S. Parole Commissioner
9th Cir. · 2009 · signal: see · confidence high
See Anderson v. United States, 898 F.2d 751, 753 (9th Cir.1990).
cited Cited "see" Winters-El v. U.S. Parole Commissioner
9th Cir. · 2009 · signal: see · confidence high
See Anderson v. United States, 898 F.2d 751, 753 (9th Cir.1990).
cited Cited "see" Gary David Gortmaker v. State of Oregon
9th Cir. · 1997 · signal: see · confidence high
See Anderson v. United States, 898 F.2d 751, 753 (9th Cir.1990) (per curiam).
discussed Cited "see" Louis Sanchez Rubio v. Gail Lewis
9th Cir. · 1997 · signal: see · confidence high
See Anderson v. United States, 898 F.2d 751, 753 (9th Cir.1990) (Section 2241 petition); Spikes v. United States, 633 F.2d 144, 145 (9th Cir.1980) (a motion for relief under Section 2255 that alleges facts supporting a claim for relief may be denied without a hearing if the motion, the records, and the files of the case conclusively show that the prisoner is entitled to no relief).
discussed Cited "see" John Edward Pratt v. United States (2×)
9th Cir. · 1996 · signal: see · confidence high
See Anderson v. United States, 898 F.2d 751, 752 (9th Cir.1990) (per curiam). 7 Similarly, there is no merit to Pratt's claim that the Commission lacked authority to impose the parole violation term consecutively to the 1986 sentence.
cited Cited "see" Todd Christopher Grange v. United States Parole Commission Wayne H. Seifert, Warden of the Metropolitan Detention Center at Los Angeles
9th Cir. · 1996 · signal: see · confidence high
See Anderson v. United States, 898 F.2d 751, 753 (9th Cir.1990). 7 AFFIRMED. * The panel unanimously finds this case suitable for decision without oral argument.
cited Cited "see" United States v. Alan R. Dohner
9th Cir. · 1994 · signal: see · confidence high
See Anderson v. United States, 898 F.2d 751, 753 (9th Cir.1990) (per curiam). 13 Finally, Dohner contends that the district court erred in denying his motion to recuse Magistrate Judge Eick.
cited Cited "see" Cronn v. Burkhart
N.D. Tex. · 1993 · signal: see · confidence high
See Anderson v. United States, 898 F.2d 751, 752 (9th Cir.1990).
Retrieving the full opinion text from the archive…
Earl J. ANDERSON, Petitioner-Appellant,
v.
UNITED STATES of America, Respondent-Appellee
88-4377.
Court of Appeals for the Ninth Circuit.
Mar 19, 1990.
898 F.2d 751
Earl J. Anderson, Safford, Ariz., pro se., Sally R. Gustafson, Asst. U.S. Atty., Seattle, Wash., for respondent-appellee.
Browning, Kozinski, Per Curiam, Rymer.
Cited by 29 opinions  |  Published
PER CURIAM:

Earl J. Anderson, a federal prisoner, appeals pro se the district court’s order denying his petition for habeas under 28 U.S.C. § 2241. For the reasons below, we affirm the district court’s judgment in its entirety.

I

Petitioner was paroled on November 11, 1984, from a five-year federal sentence for larceny. While on parole, Washington officials arrested him for violating the laws of that state. As a result, a federal parole violator warrant for his arrest was issued on February 10, 1987, with a request from the United States Parole Commission (USPC) that it be lodged as a detainer.

After a jury verdict of guilty to one count of burglary in state court, the court sentenced petitioner on August 10, 1987, to a term of 22 months. He was released by state authorities on May 30, 1988, and the federal warrant was executed against petitioner the following day. On June 9, 1988, the USPC ordered that petitioner be scheduled for an in-person institutional parole revocation hearing. The USPC promptly mailed petitioner a notice that it had completed a dispositional review of his detainer and that it had decided to leave the detain-er in place.

Federal officials subsequently transferred petitioner from the State of Washington to the Federal Correctional Institution at Safford, Arizona. Because his transfer occurred before his parole revocation hearing was due, he was afforded a hearing in the District of Arizona and his parole was revoked.

II

1. Petitioner first contends that his federal sentence expired on November 16, 1987, when he was serving his state sentence in Washington. This contention is without merit; the issuance of the parole violator warrant tolled the running of his federal sentence. See 28 C.F.R. § 2.44(d) (1988).

2. Petitioner next contends, also without merit, that the USPC denied him due process after the parole violator warrant was lodged as a detainer. The USPC properly notified petitioner of his rights and the possible consequences of the parole revocation proceedings; the back of the warrant application sent to petitioner clearly set forth his rights throughout the proceedings, including his right to an attorney and to present documentary evidence and witnesses at any hearing. See 18 U.S.C. § 4213(c)(3) (1982), repealed Pub.L. No. 98-473, Title II, § 218(a)(5), 235, 98 Stat. 2027, 2031 (1984). [1] See also Morrissey v. Brewer, 408 U.S. 471, 486-89, 92 S.Ct. 2593, 2602-04, 33 L.Ed.2d 484 (1972). More importantly, it explicitly warned him that he could lose credit for time spent on parole, also known as “street time.” Compare Raines v. United States Parole Comm’n, 829 F.2d 840, 842-43 (9th Cir.1987). Finally, petitioner’s state conviction constituted probable cause for retaking him into federal custody. See 28 C.F.R. § 2.48(f) (1988). Thus, he was not entitled to a preliminary interview before the execution of the parole violator warrant.

3. Petitioner also claims that the USPC failed to conduct a timely review of the detainer’s placement as required by 18 U.S.C. § 4214(b)(1). The district court properly dismissed this claim as moot. Absent prejudice or bad faith, the only remedy for a default by the Commission is a writ of mandamus to compel compliance with the statute. Carlton v. Keohane, 691 F.2d 992, 993 (11th Cir.1982); see also Vargas v. United States Parole Comm’n, 865 F.2d 191, 193-94 (9th Cir.1988). Because the USPC has since conducted a review, no relief is available to petitioner.

4. Petitioner raised a number of claims relating to his custodial status in the[*753] State of Arizona. The district court properly dismissed these claims for lack of jurisdiction. See Hassain v. Johnson, 790 F.2d 1420 (9th Cir.1986), cert. denied, 479 U.S. 1038, 107 S.Ct. 893, 93 L.Ed.2d 845 (1987); United States v. Giddings, 740 F.2d 770, 772 (9th Cir.1984). Petitioner contends, however, that the court should have transferred these claims to the district court in Arizona, rather than dismissing them outright. We review the district court’s decision not to transfer an action for abuse of discretion. See 28 U.S.C. § 1404(a) (1982); England v. ITT Thompson Indus., 856 F.2d 1518, 1520 (11th Cir.1988). Here, we find no error in the court’s refusal to transfer any portion of petitioner’s habeas action.

5. Finally, petitioner contends that the district court erred in denying his habeas petition without an evidentiary hearing. However, because the record conclusively shows that petitioner is not entitled to habeas corpus under 28 U.S.C. § 2241, no evidentiary hearing was required. See Spikes v. United States, 633 F.2d 144, 145 (9th Cir.1980), cert. denied, 450 U.S. 934, 101 S.Ct. 1399, 67 L.Ed.2d 369 (1981).

1

. Repeal of 18 U.S.C. § 4213(c)(3) does not affect this case. See Pub.L. No. 98-473, Title II, § 218(a)(5), 98 Stat. 2027 (1984).