Graylin Gray v. Scott R. Frakes, Director, Nebraska Department of Correctional Services, et al.
Mr. Gray alleged that he is in state custody "pursuant to" a sentence/
not pursuant to "the" (e.g. one) judgment/ which includes both the conviction
and sentence. The records maintained by the Clerk of the District Court of
Lancaster County/ Nebraska, do not contain a record entitled "Judgment of
Conviction" in case number CR 06-511 in the District Court of Lancaster
County , Nebraska .
Did the United States district court err in denying and dismissing without
prejudice to reassertion in a petition for writ of habeas corpus pursuant to
28 U.S.C. §2254 properly authorized by the Eighth Circuit Court of Appeals ?
The Petition presented the question "whether petitioner is in state
custody pursuant to a sentence, not pursuant to the judgment, which includes
both the conviction and sentence ?
Whether petitioner is in state custody pursuant to a sentence, not pursuant to the judgment, which includes both the conviction and sentence?