Ralph Castro v. John H. Klinger, Etc.

This appeal is from the District Court’s denial of appellant’s petition for writ of habeas corpus.

Castro is a California state prisoner. Pursuant to his conviction of the crime of manslaughter, the California court, on August 7, 1957, sentenced him to a term of confinement. The judgment of conviction was affirmed on July 16, 1958. People v. Castro, 162 Cal.App.2d 177 , 327 P.2d 596 . Thereafter, on July 1, 1964, a petition for habeas corpus was filed in the Supreme Court of the State of California. The record before us does not reveal the alleged grounds of this petition. Upon its denial, another petition was filed in the United States District Court for the Northern District of California. It was denied in April, 1965.

Subsequently, on June 11, 1965, Castro presented another petition, this timé to the United States District Court for the Southern District of California. It was denied on July 6, 1965, the district judge grounding the denial upon the basis that there was no showing that state remedies had been exhausted.

The petition with which we are concerned was then filed on September 23, 1965. Like its predecessor, it was also filed in the then Southern District of…