| 02-3214 -- Johnson v. Hemingway -- 02/14/2003 (660 words) |
 | Petitioner-appellant Timothy Lamont Johnson seeks a certificate of appealability ("COA") pursuant to 28 U.S.C. § 2253(c) to challenge the district court's dismissal of his petition for a writ of habeas corpus for lack of jurisdiction. |
| The district court dismissed Johnson's petition because he was no longer in state custody as required by 28 U.S.C. We conclude that the district court lacked jurisdiction over Johnson's petition, deny a COA, and dismiss the appeal. |
| Although Johnson was no longer in state custody when his § 2254 petition was filed, he claimed that he could still attack the state conviction because it affected his current federal sentence. |
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