Lavan Maurice Walker v. State of Florida

345 F. App'x 458

• Court: Court of Appeals for the Eleventh Circuit
• Decided: September 10, 2009
• Docket: 08-16831
• Status: Unpublished

Opinion

PER CURIAM:

Lavan Maurice Walker, a federal prisoner, appeals pro se the dismissal of his petition for writ of habeas corpus. 28 U.S.C. § 2254. For a district court to exercise subject-matter jurisdiction over a petition for a writ of habeas corpus, the petitioner must be “in custody in violation of the Constitution or laws or treaties of the United States.” Id. §§ 2241(c)(3), 2254(a); accord Maleng v. Cook, 490 U.S. 488, 490-91, 109 S.Ct. 1923, 1925, 104 L.Ed.2d 540 (1989). Jurisdiction does not extend to a petitioner who challenges a conviction after his sentence has completely expired. White v. Butterworth, 70 F.3d 573, 574 (11th Cir.1995). The district court lacked jurisdiction to review Walker’s petition because his sentences expired in 2002.

We AFFIRM the dismissal of Walker’s petition.