Paul Ashley, AKA Walter Paul Foster v. The State of Washington

Appeal from denial of a petition for a writ of habeas corpus. The petition was filed in the United States District Court for the Western District of Washington. That court concluded that it lacked jurisdiction. There was no hearing. The pertinent allegations of the petition are these: In 1962, Ashley was sentenced in the Superior Court of King County, Washington, to a term of 25 years in Washington State prison. On July 4, 1964, he “allegedly” escaped. On January 23, 1965, he was arrested in Florida on a Florida felony charge and the State of Washington was notified. Ashley waived extradition, but Washington did not seek it. Ashley was tried and convicted in Florida, and sentenced to three years in Florida State Prison, where he now is. Washington has “lodged a de-tainer against him (warrant No. 52244).” While in the Florida prison, Ashley has unsuccessfully sought, in the Washington courts, a prompt trial “on the said escape charge (warrant #52244).”

We affirm, for two reasons. First it is the rule in this Circuit that a petitioner may not seek habeas corpus against the State under the authority of which the petitioner is in custody. The actual person who is custodian must be…