Opinion

Banks v. Brown

Court
District Court, District of Columbia
Filed
Jun 30, 2009
Status
Published
On the bench
Judge Richard J. Leon
Nature of suit
Civil
Cited by
0 cases

The opinion

FILED

JUN 3 0 2000

Cl€rk, U.5. District and

Benkruptcy Courts

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

Simon Banks, )

)

Petitioner, )

)

v. § C1v1l Act1on No. w 8

Devon Brown, Director, D.C. Dep’t of )

Corrections, )

)

Respondent. )

MEMORANDUM OPINION

Petitioner has filed an application to proceed in forma pauperis and a pro se petition for

habeas corpus. This application to proceed in forma pauperis will be granted and the petition

will be dismissed for lack of jurisdiction.

lt appears from the face of the petition that the petitioner is at liberty. The petition

identifies a long list of "assigned errors" that allegedly occurred in the criminal proceedings

against petitioner and the various appeals he took therefrom, but it does not identify any error in

the execution of his sentence, and does not indicate that he is still under sentence. Therefore, the

petition appears to be an attack on the validity of his conviction. Since it appears that the

petitioner is no longer in custody, the petition is moot and will be dismissed for lack of

jurisdiction.

A separate order accompanies this memorandum opinion.

Daz: /

§§ Unifed §Tates District Judge

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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