Opinion
No. C 03-3786 SI (pr)
October 23, 2003
JUDGMENT
This action is dismissed with prejudice for lack of subject matter jurisdiction because Bishop was not in custody at the time he filed his petition for writ of habeas corpus.
IT IS SO ORDERED AND ADJUDGED.
ORDER OF DISMISSAL
Kenoth Raymond Bishop filed a pro se petition for writ of habeas corpus pursuant to 28 U.S.C, § 2254 attacking a parole revocation decision that was made in December 1999. His petition states that he is not in custody serving any sentence. Petition, p. 3. The federal writ of habeas corpus is only available to persons "in custody" at the time the petition is filed. See 28 U.S.C. § 2241(c), 2254(a); Carafas v. LaVallee, 391 U.S. 234, 238 (1968). This requirement is jurisdictional. See id. A petitioner who files a habeas petition after he has fully served his sentence and who is not subject to court supervision is not "in custody" for the purposes of this courts subject matter jurisdiction and his petition is therefore properly denied. See De Long v. Hennessey, 912 F.2d 1144, 1146 (9th Cir.), cert. denied, 489 U.S. 1001 (1990). This action is dismissed with prejudice for lack of subject matter jurisdiction because Bishop was not in custody at the time he filed his petition for writ of habeas corpus.
IT IS SO ORDERED.