Summary
The United States District Court for the Northern District of Indiana dismissed Charles J. Borum's habeas corpus petition challenging a contempt-of-court sentence. The court held that Borum was no longer in custody when he filed the petition, depriving the court of habeas jurisdiction, and directed the clerk to close the case.
Holdings
- A federal court lacks habeas jurisdiction when the petitioner is no longer in custody, including when the challenged sentence has been completed before the petition is filed.
Questions Presented
- Whether the district court had habeas jurisdiction when the petitioner had completed the challenged contempt sentence and was no longer in custody when he filed the petition.
Disposition
dismissed
Cases Cited (3)
- Samirah v. O’Connell, 335 F.3d 545, 549 (7th Cir. 2003)(followed)
- Virsnieks v. Smith, 521 F.3d 707, 717 (7th Cir. 2008)(followed)
- Hensley v. Municipal Court, 411 U.S. 345, 351 (1973)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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