Opinion
No. C 05-2866 CRB (PR).
July 21, 2005
ORDER OF DISMISSAL (Doc # 2)
Larry J. Brooks has filed a pro se petition for a federal writ of habeas corpus challenging his civil detention or commitment to various mental health facilities across the United States during the past 30 plus years. He makes clear that he is currently not "in custody," however.
The federal writ of habeas corpus is only available to persons "in custody" under the conviction or sentence (or in this case civil detention or commitment) under attack at the time the petition is filed. See Maleng v. Cook, 490 U.S. 488, 490-91 (1989); Carafas v. LaVallee, 391 U.S. 234, 238 (1968). This requirement is jurisdictional. See id. Because Brooks was not "in custody" under any of the detentions or commitments under attack at the time he filed the instant petition for a writ of habeas corpus, the petition must be DISMISSED for lack of subject matter jurisdiction. See De Long v. Hennessey, 912 F.2d 1144, 1146 (9th Cir. 1990).
The clerk shall enter judgment in accordance with this order, terminate all pending motions (e.g., doc # 2) as moot, and close the file.
SO ORDERED.