Hines v. Hollingworth

Filing 3

MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that petitioner's motion to proceed in forma pauperis is GRANTED. IT IS FURTHER ORDERED that petitioner's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 is DISMISSED. Signed by Honorable Stephen N. Limbaugh, Jr on 10/15/10. (LAH)

Hines v. Hollingworth

Doc. 3

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION COREY LOUIS HINES, Petitioner, v. LISA J.W. HOLLINGWORTH, Respondent. ) ) ) ) ) ) ) ) )

No. 4:10-CV-1825-SNLJ

MEMORANDUM AND ORDER This matter is before the Court on petitioner's petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner alleges that he has not been appointed counsel or arraigned in a state matter that has never been filed or issued a cause number. He asks this Court to dismiss the state action with prejudice, but at the same time, he claims that the state failed "to commence action [sic] with complaint." At the outset, the Court notes that petitioner is currently serving a federal sentence for other charges and is imprisoned in USP Marion. District courts have jurisdiction to entertain petitions for habeas relief only from persons who are "in custody in violation of the Constitution or laws or treaties of the United States." 28 U.S.C. § 2241(c)(3) (emphasis added). The custody requirement is fulfilled when a petitioner is in custody "under the conviction or sentence under attack at the time his petition is filed." Maleng v. Cook, 490 U.S. 488, 490-91 (1989). Because petitioner

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Corey Louis Hines is not presently in custody under a state-court conviction or sentence, or charges filed in state court, the custody requirement is not met. Id. As a result, this Court does not have jurisdiction over the instant petition, and the Court will dismiss it. See Fed. R. Civ. P. 12(h)(3); Rule 4 of the Rules Governing § 2254 Cases. Accordingly, IT IS HEREBY ORDERED that petitioner's motion to proceed in forma pauperis is GRANTED. IT IS FURTHER ORDERED that petitioner's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 is DISMISSED. A separate Order of Dismissal will be filed with this Memorandum and Order. Dated this 15th day of October, 2010.

STEPHEN N. LIMBAUGH, JR. UNITED STATES DISTRICT JUDGE

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