Reiner

MEMORANDUM **

John Jeffrey Reiner appeals pro se from the district court’s judgment dismissing his 28 U.S.C. § 2254 petition. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we affirm.

Reiner contends that the district court erred in dismissing his § 2254 petition based on its finding that he was no longer “in custody.” We disagree. It is a statutory jurisdictional prerequisite that habeas applicants be in custody at the time of filing. See 28 U.S.C. § 2254 (d). Rein-er’s probation expired on May 18, 2004. He filed the instant § 2254 petition on October 22, 2004. Accordingly, Reiner was not “in custody” at the time of filing, and the district court was correct in finding that it lacked subject-matter jurisdiction. See Maleng v. Cook, 490 U.S. 488, 490-91 , 109 S.Ct. 1923 , 104 L.Ed.2d 540 (1989). Reiner’s contention that he remains in “constructive custody” due to his disbarment and consequences thereof fails because “once the sentence imposed for a conviction has completely expired, the collateral consequences of that conviction are not themselves sufficient to render an individual ‘in custody’ for the purposes of a habeas attack upon it.” Id. at 492 , 109 S.Ct. 1923 ;…