Isbell v. Merlak

Filing 3

Order The petition for a writ of habeas corpus (Doc. 1 ) be, and the samehereby is, denied. Judge James G. Carr on 11/10/16. (C,D)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF OHIO
WESTERN DIVISION
Israel C. Isbell,

Case No. 4:16 CV 1883
Petitioner
v.

ORDER

Steve Merlak,
Respondent

Petitioner Israel C. Isbell, an inmate at the Federal Correctional Institution at Elkton,
brings this habeas corpus action under 28 U.S.C. § 2241.
Petitioner was convicted in the United States District Court for the Central District of
Illinois, pursuant to a guilty plea, of receiving child pornography. He was sentenced to 180
months imprisonment in June 2010. The U.S. Marshal subsequently transported him to the
Tazewell County, Illinois Sheriff’s Department for a pending state case, and he then began
serving a concurrent state sentence in an Illinois Department of Corrections institution. Illinois
authorities returned him to federal custody in August 2011.
Relying primarily on Thompson v. Bannan, 298 F.2d 611 (6th Cir. 1962), Petitioner now
asserts his federal sentence ended on July 12, 2010, when the U.S. Marshal turned him over to
the Tazewell County Sheriff’s Department. Nothing contained in Bannan or the other cases
Petitioner cites reasonably support this assertion.

It is, therefore,
ORDERED THAT the petition for a writ of habeas corpus (Doc. 1) be, and the same
hereby is, denied.
So ordered.

/s/ James G. Carr
Sr. U.S. District Judge

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