Booth

Booth appeals from an order of the district court denying him his application for a writ of habeas corpus directed to Dr. Marion R. King, Superintendent of the California Medical Facility, a California State Institution at San Pedro, California. The application alleged that Booth was illegally held under two judgments of the United States District Court for the Southern District of California in which he pled guilty under the fraudulent representation of the prosecuting attorney.

Although it was not questioned and the district court in fact found that Booth was in the custody of the California state institution, that court issued an order to show cause to the United States Marshal. Uaon this a hearing was had, findings of fact made and conclusions of law drawn upon which it held that the judgment of the United States District Court was validly rendered.

We think that the district court was without jurisdiction to issue the order to show cause against the United States Marshal, who, the court found, did not have Booth’s custody. 28 U.S.C. 2243. The decision must be reversed as to the holding that the federal judgment was validly procured. However, we think the judgment denying…