James A. Williams v. D. M. Heritage, Warden of the United States Penitentiary at McNeil Island, Washington
Opinion
Opinion
Mathews, J.
Appellant, James A. Williams, was at all pertinent times a prisoner in the United States penitentiary at McNeil Island in the Southern Division of the Western District of Washington and was in the custody of appellee, D. M. Heritage, warden of said penitentiary.
On an undisclosed date between October 26, 1956, and December 3, 1956, Chief Judge William Denman, a circuit judge within and for the Ninth Circuit, received from appellant an application of appellant for a writ of habeas corpus. Chief Judge Denman declined to entertain the application and referred it to the United States District Court for the Western District of Washington, Southern Division, hereafter called the Washington court. The application was filed in the Washington court on December 18, 1956. Thereafter, on December 18, 1956, the Washington court entered an order dismissing the application. Appellant has appealed from the order.
The order is affirmed for the following reasons:
Appellant was at all pertinent times a prisoner in custody under a sentence or sentences of a court established by Act of Congress, namely, the District Court for the Territory of Alaska, hereafter called the Alaska court, and was…