Walter Washington Young v. Donald T. Vaughn the Attorney General of the State of Pennsylvania the District Attorney for Philadelphia County

OPINION OF THE COURT

BECKER, Circuit Judge.

Walter Washington Young appeals from the district court’s order dismissing his habe-as corpus petition for lack of subject matter jurisdiction under 28 U.S.C. § 2254. Section 2254 confers jurisdiction on United States district courts to entertain petitions for habe-as corpus relief only from persons who are “in custody” in violation of the Constitution or laws or treaties of the United States. The Supreme Court has interpreted this statutory language as requiring that, at the time his petition is filed, the petitioner must be “in custody” pursuant to…