Donald R. Hooker v. United States District Court, Central District of California, Hon. Leon R. Yankwich, United States District Judge

The District Court for the Central District of California has adopted a local rule relating to the form to be taken by petitions for habeas corpus. Implementing that rule, the court has prepared a mimeographed blank form of petition (together with instructions for its completion) which is supplied to those seeking relief and is designed to elicit (and isolate from argument) all relevant facts upon which the petitioner relies as grounds for relief.

Petitioner sought habeas corpus from respondent judge, tendering a fifty-page memorandum as his petition. Respondent rejected it as not constituting a “concise” statement of grounds as required by local rule. Petitioner then filed a petition on the mimeographed form supplied by the court and tendered his fifty-page memorandum as a supplement. The judge accepted the petition and rejected the supplement. Petitioner then sought mandamus from this court to compel the judge to accept his fifty-page memorandum. 28 U.S.C. § 1651 (1964). We granted leave to file, and ordered respondent judge to show cause why the writ should not issue. Respondent has now made his return to our order.

Since petitioner is in penal custody, oral argument is…