Melvin Ray v. Donal Campbell

Melvin Ray, an Alabama prisoner proceeding pro se, appeals the denial of his petition for writ of habeas corpus, pursuant to 28 U.S.C. § 2241. Ray argues that he is “in custody” pursuant to an indictment pending since May 12, 2000, and the district court erred in finding that a second indictment filed after that date acted as a superseding indictment. He contends that the continued pendency of the original indictment violates his right to a speedy trial. 1

When reviewing the district court’s denial of a habeas petition, we review questions of law and mixed questions of law and fact de novo,…