SHAIKH v. GERMADNIG et al

Filing 4

MEMORANDUM AND ORDER that the Clerk shall Reopen the case by making a new and separate docket entry reading "Civil Case Reopened." The Petition is dismissed for lack of jurisdiction. The Clerk shall serve this Order upon Petitioner, and shall close the file. Signed by Judge Peter G. Sheridan on 1/8/2018. (mps)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

ZIA H. SHAIKH,
Civil Action No. 17-12649 (PGS)
Petitioner.
v.

:

MEMORANDUM AND ORDER

LAURA GERMADNIG, et al.,
Respondents.

This matter has come before the Court on a Writ of Habeas Corpus filed by Petitioner Zia
H. Shaikh pursuant to 28 U.S.C.

§

2241, seeking relief, apparently, from a warrant for arrest as a

result of Petitioner’s failure to pay court-ordered child and spousal support. See ECF No. 1-2 at
1. However, Petitioner has not actually been arrested. See ECF No. 1 at 1. As such, Petitioner is
not currently incarcerated by the State. Section 2241 require petitioners to be in custody at the
time a petition is filed. See 28 U.S.C.

§

2241(c); Maleng v. Cook, 490 U.S. 488, 490 (1989).

Petitioner was not in custody when the Petition was filed, so this Court has no jurisdiction over the
Petition—all that appears from the Petition is that there is a warrant for his arrest, which the State
apparently have yet to carry out.

Accordingly, the Court dismisses the Petition for lack of

jurisdiction.
IT IS therefore on this

2

day of

,

2018,

ORDERED that the Clerk shall REOPEN the case by making a new and separate docket
entry reading “CIVIL CASE REOPENED”; it is further
ORDERED that the Petition, ECF No. 1, is hereby DISMISSED for lack ofjurisdiction;
and it is further

ORDERED that the Clerk shall serve this Order upon Petitioner, and shall CLOSE the
file.

Peter G. Sheridan
United States District Judge

2

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