Hulett Foster v. Glynn Booher, Warden

LUCERO, Circuit Judge.

Garlotte v. Fordice holds that, for purposes of habeas corpus jurisdiction, a prisoner that is “in custody” for one of a series of consecutive sentences is “in custody” for all of those sentences. 515 U.S. 39, 41, 115 S.Ct. 1948, 132 L.Ed.2d 36 (1995). Foster appeals the district court’s conclusion that it lacked jurisdiction over his 28 U.S.C. § 2254 petition because Garlotte does not apply to consecutive sentences that have been imposed by different courts at different times. Under our jurisdiction pursuant to 28 U.S.C. § 1291 and § 2253(a), we grant a certificate of…