Samuel D. Collins v. John H. Klinger, Warden, Etc., (Two Cases)

In each of the two above numbered appeals from the denial of two several petitions for writs of habeas corpus in the United States District Court, Southern District of California, Central Division, appellant, a state prisoner, joins a petition to this court for such a writ. This is not appellant’s first appeal to us. See Collins v. Klinger, 332 F.2d 54 (9 Cir., 1964).

We quote from his petition in the lower numbered case, No. 20,017:

It appears, therefore, that appellant is serving time under at least three state sentences only one of which he challenges in No. 20,017. A determination in favor of appellant on his present complaint could not affect his release on others. He has not shown he has completed his imprisonment under his other sentences. Habeas corpus can be used only to accomplish a release from an unlawful detention. McNally v. Hill, 293 U.S. 131 , 55 S.Ct. 24 , 79 L.Ed. 238 (1934); Holland v. Gladden, 338 F.2d 52 (9th Cir. 1964).

The position of appellant as a prisoner not entitled to release because of other valid existing sentences is the same in case No. 20,018.

His sentence in 1947 was based on Los Angeles County case No. 103071 in three counts, with a prior…