Charles Chapman v. Warden H. O. Teets of San Quentin

On or prior to September 13, 1956, the petitioner presented to the United States District Court for iihe Northern District of California, Southern Division, his petition for writ of habeas corpus. On September 13, 1956, an order was made by that court rejecting the petition and denying leave to file the same. This order was based .upon the failure of the petitioner, either to tender the required filing fee or to file an affidavit stating that he was unable to pay the fee. See 28 U.S.C.A. § 1915 . The order also recited that the court declined to award the writ or issue an order to show cause for the reason that; in the language of § 2243, Title 28, “ * * * it appears from the application that the applicant or person detained is not entitled thereto.” As the district court pointed out in its order, the petition for the writ tendered; for filing failed to allege that the petitioner had exhausted his state remedies by application to the state courts as required by § 2254, and it failed to state any facts showing a denial of any right of the petitioner under the federal constitution, since the only ground of complaint alleged was that petitioner had been prosecuted in the state court…