Geis v. Johnson

Filing 7

MEMORANDUM AND ORDER - Geis's Petition for Writ of Habeas Corpus (Filing No. 1 ) is denied as moot and this matter will be dismissed with prejudice. The court will enter a separate judgment in accordance with this Memorandum and Order. The court will not issue a certificate of appealability. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JASON J. GEIS,
Petitioner,

8:16CV455

vs.
BRAD JOHNSON,

MEMORANDUM
AND ORDER

Respondent.
This matter is before the court for initial review of the Petition for Writ of
Habeas Corpus filed by Petitioner Jason J. Geis (“Geis”). (Filing No. 1.)
Liberally construed, the petition requests relief pursuant to 28 U.S.C. §
2241, which permits this court to entertain an application for a writ of habeas
corpus by a person in custody, but not yet convicted or sentenced. 28 U.S.C. §
2254 affords relief to a petitioner “in custody pursuant to the judgment of a State
court.” When he filed his petition, Geis was a pretrial detainee in state custody
awaiting trial in a pending criminal case. (Id. at CM/ECF pp. 1-2.) However, a jury
subsequently found Geis not guilty and the state district court released him from
custody. (Id. at CM/ECF p. 2.) (referencing relevant case number); See Geis,
Jason, J., Lancaster County District Court Case No. CR15-306 at JUSTICE
Nebraska case search system at https://www.nebraska.gov/justice//case.cgi (last
visited February 3, 2017)).1 Geis’s petition is moot under § 2241 and § 2254.

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PDF of JUSTICE document for Geis, Jason, J., Lancaster County
District Court Case No. CR15-306; Stutzka v. McCarville, 420 F.3d 757, 760 n.2
(8th Cir. 2005) (court may take judicial notice of judicial opinions and public
records).

IT IS THEREFORE ORDERED that:
1.
Geis’s Petition for Writ of Habeas Corpus (Filing No. 1) is denied as
moot and this matter will be dismissed with prejudice.
2.
The court will enter a separate judgment in accordance with this
Memorandum and Order.
3.

The court will not issue a certificate of appealability.

Dated this 7th day of February, 2017.
BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge

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