John R. Frost v. Leon R. Yankwich, Chief Judge, and the United States District Court for the Southern District of California, Central Division

Good Law
254 F.2d 633·1958 U.S. App. LEXIS 4088
United States Court of Appeals for the Ninth CircuitApril 9, 1958731_1California2,513 words

Opinion

Opinion

Barnes, J.

Petitioner is presently confined to the Los Angeles County Jail, in the Southern District of California, pursuant to a stay of execution granted by the Honorable Walter L. Pope, a judge of this Court on February 19, 1958, staying an Order of Removal dated July 3, 1957 issued by the Honorable William G. East, judge of the said United States District Court, sitting in the Southern District of California, Central Division, which ordered petitioner’s removal to the Northern District of Illinois in response to a bench warrant, dated December 5, 1955, issued out of that jurisdiction.

The purpose of the stay of execution granted was to permit the hearing by this Court of a Petition for Peremptory Writ of Mandamus directed against the Honorable Leon R. Yankwich requiring Judge Yankwich to issue a writ of habeas corpus in petitioner’s favor, which said Judge Yankwich had refused to do on two occasions subsequent to the filing of petitions for two several writs of habeas corpus filed by said petitioner on July 3, 1957 and January 14, 1958, respectively, and which petitions for writs of habe-as corpus had been denied by the said Judge Yankwich on July 3, 1957 and January 16, 1958,…

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