Clarence Jackson v. Daniel Stack, et al, No. 11-2746 (7th Cir. 2011)
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NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed. R. App. P. 32.1 United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604 Submitted November 16, 2011* Decided November 17, 2011 Before JOHN L. COFFEY, Circuit Judge JOEL M. FLAUM, Circuit Judge KENNETH F. RIPPLE, Circuit Judge No. 11 2746 CLARENCE B. JACKSON, Petitioner Appellant, v. DANIEL J. STACK, Respondent Appellee. Appeal from the United States District Court for the Southern District of Illinois. No. 11 cv 455 DRH David R. Herndon, Chief Judge. O R D E R Clarence Jackson filed in the district court what he titled as a petition for a writ of habeas corpus. See 28 U.S.C. § 2241. Named as the respondent is an Illinois circuit judge. Jackson contends that unnamed employees of the State of Illinois are at fault for years of discrimination on the basis of race and sex that has limited his opportunities for employment and income. The district court dismissed the action because Jackson is not in custody and so the court lacked subject matter jurisdiction to grant habeas corpus relief. We * After examining the briefs and record, we have concluded that oral argument is unnecessary. Thus, the appeal is submitted on the briefs and record. See FED. R. APP. P. 34(a)(2)(C). No. 11 2746 Page 2 agree that the district court lacked jurisdiction because Jackson is not in custody, see Bailey v. Hill, 599 F.3d 976, 978 79 (9th Cir. 2010); Kholyavskiy v. Achim, 443 F.3d 946, 948 49 (7th Cir. 2006); Robledo Gonzales v. Ashcroft, 342 F.3d 667, 674 (7th Cir. 2003), and thus dismissal was proper. AFFIRMED.
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