OPINION
MacMAHON, District Judge.
Petitioner applies for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. We deny the application.
We note initially that there is some doubt about the fulfillment of the requirement of 28 U.S.C. §§ 2241 and 2254 that petitioner be "in custody" at the time he petitions this court for a writ of habeas corpus. While defendants not actually incarcerated may, under some circumstances, be considered...
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