Isaac Edward Allen v. Denis D. Dowd and William L. Webster

JOHN R. GIBSON, Circuit Judge.

Isaac Edward Allen appeals from the dismissal of his petition for a writ of habeas corpus brought pursuant to 28 U.S.C. § 2254 (1988). The district court 1 held that he did not satisfy the statute’s “in custody” requirement because his sentence had expired. On appeal, Allen argues that he satisfied the requirement because: (1) the conviction that he attacks and for which he completed his sentence delayed the release date on a second sentence he is now serving, and (2) his petition should be deemed filed on the day it was mailed, not the day it was received by the…