Hector Clyde Wood v. Fred Pearce, Director, Oregon Department of Corrections

24 F.3d 252 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Hector Clyde WOOD, Petitioner-Appellant, v. Fred PEARCE, Director, Oregon Department of Corrections, Respondent-Appellee. No. 93-35703. United States Court of Appeals, Ninth Circuit. Submitted April 5, 1994. * Decided April 14, 1994. Before: POOLE, BEEZER, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Hector C. Wood appeals pro se the district court's dismissal of his 28 U.S.C. Sec. 2254 habeas corpus petition. The district court dismissed the action for lack of jurisdiction on the ground that Wood was not in custody when he filed the habeas petition. We affirm. 3 It is a jurisdictional requirement that, at the time a habeas petition is filed, "the habeas petitioner be 'in custody' under the conviction or sentence under attack[.]" Maleng v. Cook, 490 U.S. 488, 490-91 (1989) (citing 28 U.S.C. Secs. 2241 (c)(3) & 2254(a); Carafas v. LaVallee, 391 U.S. 234, 238 (1968)). A habeas petitioner who is a fugitive…