Legal Opinion
Mark Brittingham v. United States
Court of Appeals for the Ninth Circuit
Decided December 23, 1992No. 92-16680PublishedCited by 352 opinions
1Per curiam
Brittingham appeals the district court’s dismissal of his petition for writ of habeas corpus. The court held that it lacked personal jurisdiction in this case. We affirm.
For a court to hear a petition for writ of habeas corpus, it must have jurisdiction over the prisoner or his custodian. United States v. Giddings, 740 F.2d 770, 772 (9th Cir.1984). Brittingham contends that, for the purposes of his petition, the U.S. Marshal for the District of Hawaii was his custodian, and therefore the district court in Hawaii had jurisdiction. This novel argument is not based on the facts.
The proper…
2Cases cited5 opinions
- William D. Dunne v. Gary L. HenmanCourt of Appeals for the Ninth Circuit · 1989
- Steven Guerra v. Edwin Meese, IIICourt of Appeals for the D.C. Circuit · 1986
- United States v. Larry W.G. GiddingsCourt of Appeals for the Ninth Circuit · 1984
- In Re John Demjanjuk v. Honorable Edwin Meese, United States Attorney General, and Honorable George Shultz, Secretary of StateCourt of Appeals for the D.C. Circuit · 1986
- Jack Rheuark v. Henry Wade and Mark White, Attorney GeneralCourt of Appeals for the Eighth Circuit · 1979
3Cited by352 opinions
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- Hernandez v. CampbellCourt of Appeals for the Ninth Circuit · 2000
- Ortiz-Sandoval v. GomezCourt of Appeals for the Ninth Circuit · 1996
- Jerry F. Stanley v. California Supreme CourtCourt of Appeals for the Ninth Circuit · 1994
- John Doe v. Merrick GarlandCourt of Appeals for the Ninth Circuit · 2024
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