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Keywords

jurisdictionstatutehabeas corpus
plaintiffjurisdictionhabeas corpusdocket

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Risenhoover v. Washington County Comm. Services

Facts

The petitioner is a United States citizen currently residing in Taiwan. He alleges that he has been barred from reentering the United States and seeks a court order to facilitate his return. However, the court found that the petitioner is not in custody by any Minnesota state agency or official, and his claims do not meet the requirements for a habeas corpus petition under 2254.

Petitioner's voluminous submissions in this case are almost completely indecipherable. As far as the Court can tell, Petitioner is a United States citizen who is currently residing in Taiwan. He seems to be alleging that he has been barred from reentering the United States, and he apparently wants a court order that would make it possible for him to return to this country. Such relief, however, cannot be obtained by a 2254 habeas corpus petition.

Issue

Whether the petitioner can bring a habeas corpus petition under 28 U.S.C. 2254 while residing outside the United States and not being in custody pursuant to a state court judgment.

Whether the petitioner can bring a habeas corpus petition under 28 U.S.C. 2254 while residing outside the United States and not being in custody pursuant to a state court judgment.

Rule

28 U.S.C. 2254 authorizes federal district courts to review claims brought by individuals who are 'in custody pursuant to the judgment of a State court.'

28 U.S.C. 2254 authorizes federal district courts to review claims brought by individuals who are 'in custody pursuant to the judgment of a State court.'

Analysis

The court analyzed the petitioner's submissions and concluded that he does not meet the 'in custody' requirement necessary for a habeas corpus petition under 2254. The petitioner is residing in Taiwan and is not being held by any Minnesota state agency, which disqualifies him from seeking relief under this statute.

Thus, the Court concludes that Plaintiff's current claims for relief, (whatever they may be), cannot be raised and adjudicated in a habeas corpus petition brought under 28 U.S.C. 2254 . It is therefore recommended that this action be summarily dismissed pursuant to Rule 4 of the Governing Rules.

Conclusion

The court recommended that the petitioner's application for a writ of habeas corpus be denied and that the action be summarily dismissed.

It is therefore recommended that this action be summarily dismissed pursuant to Rule 4 of the Governing Rules. Having determined that this case must be summarily dismissed, it is further recommended that Petitioner's pending application for leave to proceed in forma pauperis, (Docket No. 4), be summarily denied.

Who won?

The prevailing party is the state, as the court recommended the dismissal of the petitioner's claims due to lack of jurisdiction under 2254.

The prevailing party is the state, as the court recommended the dismissal of the petitioner's claims due to lack of jurisdiction under 2254.

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