VEAL, JR. v. PETERSON

VEAL, JR. v. PETERSON
2004 OK 91
104 P.3d 584
Case Number: 101457
Decided: 11/29/2004

THE SUPREME COURT OF THE STATE OF OKLAHOMA

JAMES MITCHELL VEAL, JR., Petitioner,
v.
T.C. PETERSON, Respondent.

ORDER

The petitioner's application for a writ of habeas corpus, to question the legality of his confinement in a federal penitentiary is denied for want of jurisdiction. The power to entertain a writ of habeas corpus is dependent on jurisdiction over the custodian, in this case the warden of the federal penitentiary in El Reno, Oklahoma. Brittingham v. U.S., 982 F.2d 378 (9th Cir. 1992). Federal officials acting in their official capacities are not answerable to this Court. Beeman v. Olson, 828 F.2d 620 (9th Cir. 1987).

DONE BY THE ORDER OF THE SUPREME COURT IN CONFERENCE THIS 29th DAY OF NOVEMBER, 2004.

/S/CHIEF JUSTICE