Notice: Eighth Circuit Rule 28a(k) Governs Citation of Unpublished Opinions and Provides That They Are Not Precedent and Generally Should Not Be Cited Unless Relevant to Establishing the Doctrines of Res Judicata, Collateral Estoppel, the Law of the Case, or if the Opinion Has Persuasive Value on a Material Issue and No Published Opinion Would Serve As Well.danny D. Goodroad, Appellant, v. Lynn Delano, Commissioner of Corrections; Les Hawkey,minnehaha County Sheriff; Hubert H. Humphrey,iii, Minnesota Attorney General, Appellees, 104 F.3d 363 (8th Cir. 1996)

The District Court¹  dismissed Danny D. Goodroad's 28 U.S.C. § 2254 petition, on the ground that Goodroad was not "in custody" within the meaning of § 2254 at the time he filed his petition. Goodroad appeals the dismissal order.

Having considered the case, we conclude that the District Court's dismissal of Goodroad's petition for lack of subject matter jurisdiction was correct. No error of law appears, and an opinion by this Court would add nothing new to the existing body of law on the "in custody" requirement. Accordingly, we affirm the order of the District Court without further discussion.

AFFIRMED. See 8th Cir. R. 47B.