EX PARTE Louis LEVINE, Applicant

*29 There is a jurisdictional problem with this case. The writ of habeas corpus is the remedy to be used when any person is restrained in his liberty. ( 1 ) "Restraint" means:

the kind of control which one person exercises over another, not to confine him within certain limits, but to subject him to the general authority and power of the person claiming such right. ( 2 )

The term "restraint" has been construed broadly in the context of habeas corpus writ applications, ( 3 ) but the requirement of some kind of restraint still exists.

Applicant has not alleged restraint. He acknowledges that he has…