Clifton Robert Oliver v. State of California, and John H. Klinger, Warden

Appellant, a prisoner of the State of California, detained at the California Men’s Colony, East Facility, Los Padres, California, filed his petition for writ of habeas corpus in the United States District Court for the Southern District of California. Such court has jurisdiction to entertain a petition for writ of habeas corpus by a State prisoner under 28 U.S.C. § 2241 (a).

Petitioner was charged in the Superior Court of the State of California in and for the County of Los Angeles, with the offense of burglary. Following trial to the court, sitting without a jury, he was convicted, and on November 21, 1963, was sentenced to confinement for the term prescribed by law. He filed no appeal from the judgment of conviction, and filed no petition for writ of habeas corpus with any of the courts of the State of California.

On July 15, 1965, he filed his petition for writ of habeas corpus in the Federal Court as above stated. The petition was denied by the District Court on the ground that the petitioner “ ‘is not entitled thereto’. ( 28 U.S.C.A., § 2243 ).” The order of denial also states: “that the petitioner has not exhausted all the State remedies available to him. (Morehead v.…