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HENRY v. LUNGREN

No. 97-56215.

164 F.3d 1240 (1999)

Robert E. HENRY, Petitioner-Appellee, v. Daniel LUNGREN, California State Attorney General, Respondent-Appellant, Wayne Estelle, Respondent.

United States Court of Appeals, Ninth Circuit.

Decided January 15, 1999.

Attorney(s) appearing for the Case

David F. Glassman, Deputy Attorney General, Los Angeles, California, for the respondent-appellant.

Robert E. Henry, Pro Per, Oxnard, California, and Everett B. Clary, O'Melveny & Myers, Los Angeles, California, for the petitioner-appellee.

Before: FLETCHER, THOMPSON, and McKEOWN, Circuit Judges.

McKEOWN, Circuit Judge:

The Attorney General of the State of California appeals from the district court's grant of Robert E. Henry's petition for habeas corpus. Under 28 U.S.C. § 2241(c)(3), the district court had jurisdiction to entertain Henry's petition for a writ of habeas corpus only if he was "in custody" when the petition was filed. Because Henry was not "in custody" at the time he filed the present petition...

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