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Bender v. State

United States District Court, N.D. Ohio
Sep 11, 2007
CASE NO. 1:07 CV 1934 (N.D. Ohio Sep. 11, 2007)

Opinion

CASE NO. 1:07 CV 1934.

September 11, 2007


MEMORANDUM OF OPINION AND ORDER


On June 28, 2007, petitioner pro se Terry J. Bender filed the above-captioned habeas corpus action under 28 U.S.C. § 2254. For the reasons stated below, the petition is denied and this action is dismissed.

A federal district court may entertain a petition for a writ of habeas corpus by a person in state custody only on the ground that the custody violates the Constitution or laws of the United States. Furthermore, the petitioner must have exhausted all available state remedies. 28 U.S.C. § 2254.

There is no indication on the face of the petition and attachments that Bender seeks to raise an issue cognizable in habeas corpus, as he does not set forth facts suggesting he might be "in custody" for purposes of seeking habeas relief. On the contrary, the petition explicitly states that petitioner's sentence was completed and his supervised release terminated in February 1984. Petition, p. 3. Once a sentence has fully expired, collateral consequences are insufficient to render a prisoner in custody for purposes of habeas corpus. Maleng v. Cook, 49C U.S. 483 (1989).

Accordingly, the petition is denied and this action is dismissed pursuant to Rule 4 of the Rules Governing Section 2254 Cases. Further, the court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from this decision could not be taken in good faith, and that there is no basis on which to issue a certificate of appealability. 28 U.S.C. § 2253; Fed.R.App.P. 22(b).

IT IS SO ORDERED.


Summaries of

Bender v. State

United States District Court, N.D. Ohio
Sep 11, 2007
CASE NO. 1:07 CV 1934 (N.D. Ohio Sep. 11, 2007)
Case details for

Bender v. State

Case Details

Full title:TERRY J. BENDER, Petitioner, v. STATE OF OHIO, Respondent

Court:United States District Court, N.D. Ohio

Date published: Sep 11, 2007

Citations

CASE NO. 1:07 CV 1934 (N.D. Ohio Sep. 11, 2007)