Carmen Maria Franco v. Chris Nocco

Summary

The United States District Court for the Middle District of Florida dismissed Carmen Maria Franco’s 28 U.S.C. § 2241 habeas petition without prejudice for lack of jurisdiction because she was not in custody. The court denied her emergency motion to stay enforcement of a state capias as moot and directed the Clerk to close the case.

Holdings

1. An outstanding capias warrant and an alleged ongoing threat of arrest did not place Franco in custody because the state court's order imposed no limitation or restriction on her actions or movement.
2. The district court lacked jurisdiction because Franco was not in custody when she filed the petition.
3. The emergency motion to stay enforcement of the capias was denied as moot.

Questions Presented

1. Whether Franco was in custody within the meaning of 28 U.S.C. § 2241 based on an outstanding capias warrant and an alleged ongoing threat of arrest.
2. Whether the district court had jurisdiction over Franco's § 2241 habeas petition.
3. Whether Franco's emergency motion to stay enforcement of the capias should be granted.

Disposition

dismissed