Lavan Maurice Walker v. State of Florida

[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FILED FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS ________________________ ELEVENTH CIRCUIT SEPTEMBER 10, 2009 No. 08-16831 THOMAS K. KAHN Non-Argument Calendar CLERK ________________________ D. C. Docket No. 07-22947-CV-ASG LAVAN MAURICE WALKER, Petitioner-Appellant, versus STATE OF FLORIDA, ATTORNEY GENERAL OF THE STATE OF FLORIDA, Bill McCollum, KATHERINE FERNANDEZ RUNDLE, Respondents-Appellees. ________________________ Appeal from the United States District Court for the Southern District of Florida _________________________ (September 10, 2009) Before TJOFLAT, EDMONDSON and PRYOR, Circuit Judges. PER CURIAM: Lavan Maurice Walker, a federal prisoner, appeals pro se the dismissal of his petition for writ of habeas corpus. 28 U.S.C. § 2254. For a district court to exercise subject-matter jurisdiction over a petition for a writ of habeas corpus, the petitioner must be “in custody in violation of the Constitution or laws or treaties of the United States.” Id. §§ 2241(c)(3), 2254(a); accord Maleng v. Cook, 490 U.S. 488, 490–91, 109 S. Ct. 1923, 1925 (1989). Jurisdiction does not extend to a petitioner who challenges a conviction after his sentence has completely expired. White v. Butterworth, 70 F.3d 573, 574 (11th Cir. 1995). The district court lacked jurisdiction to review Walker’s petition because his sentences expired in 2002. We AFFIRM the dismissal of Walker’s petition. 2