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Similarly, a petitioner who is not currently incarcerated, but serving a term of probation at the time of filing a petition for the writ of habeas corpus meets the вЂњin custodyвЂќ requirement. within the meaning of the habeas corpus statute Id. While petitionerвЂ™s parole released him from immediate physical imprisonment, it imposes conditions which significantly confine and restrain his freedom this is enough to keep him in the вЂcustodyвЂ™.

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It is not now and never has been a static, narrow, formalistic remedy its scope has grown to achieve its grand purpose - the protection of individuals against erosion of their right to be free from wrongful restraints upon their liberty. Of course, that writ always could and still can reach behind prison walls and iron bars. In Jones, the Supreme Court held that the: estraints are enough to invoke the Great Writ. For instance, a district court may not dismiss a petition for a writ of habeas corpus as moot based on the fact that a petitioner is on parole. The definition of вЂњin custodyвЂќ has since expanded now it is not a requirement that the petitioner be physically incarcerated at the time his petition is adjudicated, or even at the time he files his petition. 574 (1960) (Supreme Court dismissed petition for lack of jurisdiction because the matter became moot once the petitioner completed his sentence and was released from prison). Historically, the federal courts required the petitioner to be presently confined at the time the habeas corpus petition was adjudicated to be considered вЂњin custodyвЂќ for purposes of federal habeas corpus review. 488, 490 (1989) (вЂњThe federal habeas statute gives the United States district courts jurisdiction to entertain petitions for habeas relief only from persons who are in custody in violation of the Constitution or laws or treaties of the United States.вЂќ) (internal quotations omitted). В§ 2254(a) see 2 also Rule 1 of the Rules Governing Habeas Corpus Cases Under Section 2254 Maleng v. in violation of the Constitution or laws or treaties of the United States.вЂќ 28 U.S.C. To invoke a federal district courtвЂ™s jurisdiction to review a petition for a writ of habeas corpus, a petitioner must be вЂњa person in custody pursuant to the judgment of a State court. In order for the Court to have subject matter jurisdiction over this matter, Petitioner must have been вЂњin custodyвЂќ at the time he filed his Petition. 475, 484, 493 (1973) (вЂњthe essence of habeas corpus is an attack by a person in custody upon the legality of that custody, and the traditional function of the writ is to secure release from illegal custodyвЂќ). A petition for habeas corpus is a challenge to the fact or duration of confinement. As an initial matter, the Court must decide whether Petitioner is entitled to a writ of habeas corpus. Petitioner is not entitled to a writ of habeas corpus. After undertaking the review required by Rule 4, the Court concludes that the Petition must be dismissed for lack of subject matter jurisdiction because Petitioner is not вЂњin custody.вЂќ II.

A dismissal under Rule 4 includes those petitions which raise legally frivolous claims, as well as those containing factual allegations that are palpably incredible or false. 1970) (district court has the duty to вЂњscreen outвЂќ petitions that lack merit on their face). If so, the petition must be summarily dismissed. Promptly after the filing of a petition for habeas corpus, the Court must undertake a preliminary review of the petition to determine whether вЂњit plainly appears from the face of the petition and any exhibits annexed to it that the petitioner is not entitled to relief in the district court.вЂќ Rule 4, RULES GOVERNING В§ 2254 CASES (applicable to В§ 2241 petitions under Rule 1(b)) see 28 U.S.C.

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As a result, Petitioner alleges his driverвЂ™s license was automatically suspended for one year and he was also ordered to abstain from the consumption of alcohol. LAWS В§ 257.625 and refusal to submit to a breathalyzer test in violation of MICH.

Petitioner was convicted of operating a vehicle while intoxicated in violation of MICH.

INTRODUCTION Petitioner Alan Edward Wunderlich brings this habeas corpus action pursuant to 28 U.S.C. _/ OPINION AND ORDER SUMMARILY DENYING THE PETITION FOR WRIT OF HABEAS CORPUS AND DECLINING TO ISSUE A CERTIFICATE OF APPEALABILITY AND LEAVE TO APPEAL IN FORMA PAUPERIS I. 4 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION ALAN EDWARD WUNDERLICH, Petitioner, Case No.

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