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Timms v. Johns, 10-6496

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By FindLaw Staff on December 06, 2010 4:26 PM

Habeas petition challenging government's efforts to commit defendant as a sexually dangerous person

Timms v. Johns, 10-6496, concerned a challenge to the district court's grant of defendant's request for habeas relief, challenging the government's efforts to commit him as a sexually dangerous person under the provisions of 18 U.S.C. section 4248.

In vacating the judgment, the court remanded the case in concluding that the district court should have refrained from exercising jurisdiction over defendant's habeas petition as defendant has failed to exhaust the alternative remedies available for review of his detention in the pending Commitment Action and has failed to demonstrate exceptional circumstances sufficient to excuse his failure.

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