Cooper

This appeal is from an order of the United States District Court for the Eastern District of Washington denying an application of appellant, Amos Doris Cooper, a prisoner in custody pursuant to a judg ment of a court of the State of Washington, for a writ of habeas corpus. The application alleged that appellant was in custody in violation of the Constitution of the United States. Respecting such applications, 28 U.S.C.A. § 2254 provides:

Habeas corpus — the remedy which appellant sought in the United States District Court — was available in the courts of the State of Washington. Appellant did not claim that a State court writ of habeas corpus would be ineffective to protect his rights. The record discloses no circumstance or circumstances warranting such a claim. It therefore cannot be said to have appeared that there was either an absence of available State corrective process or the existence of circumstances rendering such process ineffective to protect appellant’s rights.

It appeared that, before applying to the United States District Court, appellant had applied to the Supreme Court of the State of Washington for a writ of habeas corpus, and that that application had been…