MULLINGS v. CHIEF OF POLICE
MULLINGS v. CHIEF OF POLICE
Trial Court Opinion
UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY
WESLEY-KEITH MULLINGS, Case No. 25–cv–15707–ESK Petitioner,
v. OPINION CHIEF OF POLICE, et al., Respondents. KIEL, U.S.D.J. Petitioner Wesley-Keith Mullings filed this petition for writ of habeas corpus under
28 U.S.C. § 2241(Petition) as a “preemptive challenge to void arrest warrant #W-2025-8642-0714.” (ECF No. 1.) In order to invoke habeas jurisdiction, petitioner must demonstrate that he is “in custody.”
28 U.S.C. § 2241(c). “Custody is measured as of the time that the petition was filed.” Henry v. Chertoff,
317 F. App’x 178, 179(3d Cir. 2009). Petitioner seeks an order preventing his arrest, which indicates that he is not in state or federal custody. (ECF No. 1.) Therefore, I lack jurisdiction over the Petition pursuant to § 2241. An appropriate Order accompanies this Opinion. /s/ Edward S. Kiel EDWARD S. KIEL UNITED STATES DISTRICT JUDGE
Dated: September 22, 2025
Reference
- Status
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