Stewart v. Downey

Filing 2

ORDER DISMISSING PETITION FOR WRIT OF HABEAS CORPUS. Signed by Judge Claudia Wilken on 7/2/2013. (Attachments: # 1 Certificate/Proof of Service)(ndr, COURT STAFF) (Filed on 7/2/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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JOHN H. STEWART,

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Petitioner,

United States District Court
For the Northern District of California

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ORDER DISMISSING
PETITION FOR WRIT
OF HABEAS CORPUS

v.
MICHAEL DOWNEY,

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No. C 13-2901 CW

Respondent.
________________________________/
John H. Stewart has filed a petition for writ of habeas

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corpus.

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§§ 2241(c)(3), 2254(a), or 2255(a) only if the petitioner is “in

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custody” in violation of the Constitution or laws or treaties of

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the United States.

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as a result of a criminal conviction, are subject to “substantial

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restraints not shared by the public generally.”

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Lycoming County Children’s Services Agency, 458 U.S. 502, 510

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(1982).

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afforded habeas relief is jurisdictional.

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151 F.3d 1180, 1182 (9th Cir. 1998) (citing Maleng v. Cook, 490

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I.S. 488, 490 (1989) (per curiam)).

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not in custody.

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lack of jurisdiction.

Federal courts may grant habeas relief under 28 U.S.C.

The term “custody” refers to individuals who,

Lehman v.

The requirement that an individual be in custody to be
Williamson v. Gregoire,

Petitioner in this case is

Accordingly, the Court DISMISSES the petition for

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IT IS SO ORDERED.

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Dated: 7/2/2013
CLAUDIA WILKEN
United States District Judge