In this case, the Government is holding an individual in federal prison based upon receiving a judgment of a district court that falsely recites an indispensable requisite fact necessary for the right of that court to proceed in the cause and enter judgment against the individual to deprive him of his liberty. In a Federal criminal court, the record must affirmatively show the plea of the accused person as a conditioned precedent, before that court can render judgment allowing the government to detain him in prison. The writ of habeas corpus pursuant to 28 U.S.C. § 2241 confers authority to district courts to grant habeas corpus, within their respective jurisdictions, for the release of a prisoner held by an improper exercise of jurisdiction.

Petitioner filed his pro-se §2241 claim in the district of confinement, alleging that he is being detained unlawfully by the government based on a judgment of a court having acted without its jurisdiction. The district court did not consider the petition as what it was intended for and dismissed it for lack of jurisdiction. The Third Circuit granted summary affirmance, finding no substantial question being presented in the appeal.

The Question Presented is:

Whether the dismissal for lack of jurisdiction of a federal prisoner's pro se petition for the writ of habeas corpus against the governmental custodian violated the Constitutional privilege of habeas corpus.

Whether the dismissal for lack of jurisdiction of a federal prisoner's pro se petition for the writ of habeas corpus against the governmental custodian violated the Constitutional privilege of habeas corpus