Newark, NJ – A New Jersey man’s unusual attempt to stop police from arresting him before it happened was shot down in federal court this week.
Wesley-Keith Mullings filed a habeas corpus petition under 28 U.S.C. §2241, describing it as a “preemptive challenge” to what he called a void arrest warrant, court records show. He asked the court to block enforcement of warrant #W-2025-8642-0714, even though he had not yet been taken into custody.
U.S. District Judge Edward S. Kiel ruled on Monday that the petition could not move forward because federal habeas law requires a petitioner to already be “in custody” at the time of filing. Since Mullings admitted he was seeking to avoid arrest altogether, the court determined it lacked jurisdiction.
In his brief order, Judge Kiel cited Third Circuit precedent holding that custody is measured at the time the petition is filed. Because Mullings was not detained, the judge said the case could not proceed.
The decision leaves Mullings with no federal shield against the pending warrant. An order formally dismissing the case was entered the same day.
Key Points
- Wesley-Keith Mullings sought to block an arrest warrant with a federal habeas petition.
- Judge Edward Kiel ruled the court lacked jurisdiction because Mullings was not in custody.
- The case was dismissed on September 22 in the District of New Jersey.
Even before the handcuffs, the court said no.
