Forest Orville Buchanan v. Richard A. McGee Director of Prisons and Robert A. Heinze, Warden, California State Prison at Folsom

Petitioner, convicted of murder in the second degree in a California state court, and now imprisoned by the respondents pursuant to the California court judgment, filed a petition for writ of habeas corpus in the United States District Court for the Northern District of California, Northern Division. That petition was dismissed by the district court without granting to the petitioner a hearing on the facts alleged in the petition. Petitioner now seeks to appeal to this court and in order to do so asks for a certificate of probable cause and to have counsel appointed to assist him.

We have examined the files in the district court including the petition for writ of habeas corpus which purports to incorporate by reference his memorandum filed in support thereof and we find, as did the district court, that there is no reason for our proceeding further with this matter or looking beyond the allegations of the petition for they are plainly insufficient to invoke either the jurisdiction of the district court or that of this court.

Two of the four points which petitioner seeks to make in .support of his application for a certificate of probable cause are to the effect that there was an…