From Casetext: Smarter Legal Research

Walker v. Florida

United States Court of Appeals, Eleventh Circuit
Sep 10, 2009
345 F. App'x 458 (11th Cir. 2009)

Opinion

No. 08-16831 Non-Argument Calendar.

September 10, 2009.

Lavan Maurice Walker, Coleman, FL, pro se.

Appeal from the United States District Court for the Southern District of Florida. D.C. Docket No. 07-22947-CV-ASG.

Before TJOFLAT, EDMONDSON and PRYOR, Circuit Judges.


Lavan Maurice Walker, a federal prisoner, appeals pro se the dismissal of his petition for writ of habeas corpus. 28 U.S.C. § 2254. For a district court to exercise subject-matter jurisdiction over a petition for a writ of habeas corpus, the petitioner must be "in custody in violation of the Constitution or laws or treaties of the United States." Id. §§ 2241(c)(3), 2254(a); accord Maleng v. Cook, 490 U.S. 488, 490-91, 109 S.Ct. 1923, 1925, 104 L.Ed.2d 540 (1989). Jurisdiction does not extend to a petitioner who challenges a conviction after his sentence has completely expired. White v. Butterworth, 70 F.3d 573, 574 (11th Cir. 1995). The district court lacked jurisdiction to review Walker's petition because his sentences expired in 2002.

We AFFIRM the dismissal of Walker's petition.


Summaries of

Walker v. Florida

United States Court of Appeals, Eleventh Circuit
Sep 10, 2009
345 F. App'x 458 (11th Cir. 2009)
Case details for

Walker v. Florida

Case Details

Full title:Lavan Maurice WALKER, Petitioner-Appellant, v. State of FLORIDA, Attorney…

Court:United States Court of Appeals, Eleventh Circuit

Date published: Sep 10, 2009

Citations

345 F. App'x 458 (11th Cir. 2009)

Citing Cases

Williams v. Sec'y, Dep't of Corr.

Consequently, Williams cannot proceed with his application for the writ of habeas corpus because he is no…

U.S. v. Lehman

Hence, the Court still has jurisdiction over him. Cf. Walker v. Florida, 345 F. App'x 458, 459 (11th Cir.…