MULLINGS v. CHIEF OF POLICE

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