Malcolm R. Schlette v. Marion R. King, Superintendent of the California Medical Facility, Vacaville, California

Petitioner was convicted of arson in a California Court. For some reason, apparently not relevant here, he was incarcerated in an institution designated as “California Medical Facility.”

At all times relating to the order of the United States District Court from which petitioner seeks to appeal (an order denying the writ of habeas corpus), petitioner was incarcerated in a California State Prison. The “Facility” and the prison are situated in the same United States Judicial District, and no point of venue is raised.

Petitioner sought the issuance of the writ of habeas corpus from the United States District Court, and an order to show cause was issued. Thereafter the show cause order was discharged, and the writ was denied.

Petitioner seeks to appeal, and the District Court has refused to issue a certificate of probable cause and of good faith ( 28 U.S.C. § 2253 ) and has denied petitioner the privilege of appealing in forma pauperis. Petitioner here petitions that the certificate be issued and that he be permitted to appeal in forma pauperis.

We have given the petition more than usual attention. We have also considered whether the case of Johnson v. United States, 352 U.S. 565…