Jeffery Greene v. State of Florida

Summary

This Report and Recommendation addresses Jeffery Greene’s 28 U.S.C. § 2254 petition challenging a 1992 Florida conviction and sentence. The magistrate judge recommends granting the respondent’s motion to dismiss for lack of jurisdiction because Greene was no longer in custody for the challenged conviction, and further recommends denying a certificate of appealability and leave to appeal in forma pauperis.

Holdings

1. A federal court lacks jurisdiction over a § 2254 petition directed solely at a conviction for which the petitioner's sentence has fully expired, because collateral consequences alone do not satisfy the requirement that the petitioner be in custody.
2. The petition was untimely because Greene's conviction became final before AEDPA's effective date, giving him until April 24, 1997, to file a § 2254 petition, but he did not file until October 2025.
3. A certificate of appealability should be denied because Greene failed to make a substantial showing of the denial of a constitutional right.

Questions Presented

1. Whether the federal court had subject-matter jurisdiction over Greene's § 2254 petition when the sentence imposed for the challenged conviction had fully expired.
2. Whether the petition was untimely under AEDPA because the conviction became final before AEDPA's effective date.
3. Whether Greene was entitled to a certificate of appealability.
4. Whether Greene should be permitted to appeal in forma pauperis.

Disposition

dismissed