Todd Giffen v. Loretta E. Lynch

MEMORANDUM

Todd Giffen appeals pro se from the district court’s judgment dismissing his 28 U.S.C. § 2241 habeas corpus petition as frivolous. We have jurisdiction under 28 U.S.C. § 1291 , and we vacate and remand with instructions to dismiss the petition for lack of jurisdiction.

Giffen contends that the government has subjected him to civil rights violations, illegal searches and surveillance, and other abuses, including irradiation and electronic warfare. A federal court only has jurisdiction under section 2241 to grant a writ of habeas corpus to a person “in custody” when his writ is filed. See 28 U.S.C. § 2241 (c); Maleng v. Cook, 490 U.S. 488, 490-91 , 109 S.Ct. 1923 , 104 L.Ed.2d 540 (1989). The state court record shows that, at the time Giffen filed his petition, he was not “in custody” because he was not incarcerated, placed on supervised release, or subject to a restraint not shared by the public generally. See Jones v. Cunningham, 371 U.S. 236, 239-40, 243 , 83 S.Ct. 373 , 9 L.Ed.2d 285 (1963). Giffen’s allegations of wrongdoing are unsupported by the record and insufficient to meet section 2241’s custody requirement.

Because Giffen was not “in custody,” the district…