IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-40021
Conference Calendar
DANIEL J. SHEEHAN,
Petitioner-Appellant,
versus
MARISELA SALDANA, Judge,
Respondent-Appellee.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. C-95-CV-619
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December 11, 1996
Before WIENER, BARKSDALE, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Daniel J. Sheehan appeals the district court’s dismissal of
his habeas petition for lack of subject-matter jurisdiction.
Because Sheehan was not “in custody” for the challenged offense
at the time he filed his habeas petition, the district court did
not have subject-matter jurisdiction to entertain the action.
See Maleng v. Cook, 490 U.S. 488, 490-91 (1989).
Sheehan’s appeal is without arguable merit and thus
frivolous. See 5th Cir. R. 42.2.
*
Pursuant to Local Rule 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in Local Rule
47.5.4.
No. 96-40021
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APPEAL DISMISSED.