White v. Duval

Per Curiam. Petitioner Edwin J. White, Jr., seeks a certificate of probable cause to appeal the dismissal of his 28 U.S.C. § 2254 habeas petition. Assuming but not deciding that the district court should not have dismissed this petition for lack of jurisdiction, see Braden v. 30th Judicial Circuit Court, 410 U.S. 484, 499 n. 15, 35 L. Ed. 2d 443, 93 S. Ct. 1123 (1973) (federal district court of confining state has subject matter jurisdiction to entertain petition seeking to attack conviction in another state which may subject petitioner to future custody in that state); Thompson v. Missouri Bd. of Parole, 929 F.2d 396, 398 (8th Cir. 1991) (same); Byrd v. Martin, 754 F.2d 963, 965 (11th Cir. 1985) (proper remedy for failure to name, as respondent, Attorney General of state in which judgment is attacked, as required by Rule 2(b) of the Rules Governing § 2254 cases, is not dismissal but return of petition for amendment pursuant to Rule 2(e)), and that petitioner has exhausted his state remedies, we nevertheless deny the certificate for probable cause on the ground that the petition on its face makes clear that petitioner is not entitled to habeas relief, see Rule 4 of the Rules Governing Section 2254 Cases, 28 U.S.C. fol. § 2254.