The following excerpt is from Bacon v. United States, 449 F.2d 933 (9th Cir. 1971):
2 Nothing in this opinion is to be construed as permitting the filing of a petition for habeas corpus by one not in fact in custody at the time and challenging only a future detention, whether certain or threatened. See United States v. Meyer, 8 Cir., 1969, 417 F.2d 1020, 1022 n. 2.
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