Johnny Dixon v. B. J. Rhay, Superintendent Washington State Penitentiary, Walla Walla, Washington

Johnny Dixon, incarcerated in Washington State Penitentiary following his conviction and sentence for second degree burglary, appeals from a district court order denying his application for a writ of habeas corpus.

The application was denied, without hearing, on the ground that Dixon therein sought relief on the same ground urged in a prior habeas corpus application which had been denied. This was an adequate ground for denying the application if the prior determination was on the merits, and if the district judge was satisfied that the ends of justice would not be served by such further inquiry. See 28 U.S.C. § 2244 (a) (1966); Sanders v. United States, 373 U.S. 1 , 83 S.Ct. 1068 , 10 L.Ed.2d 148 ; Smith v. Wilson, 9 Cir., 371 F.2d 681, 683 .

The prior application was filed on September 28, 1966, in Cause No. 2260, United States District Court, Eastern District of Washington, Southern Division. On October 12, 1966, the district court entered a five-page memorandum opinion and order denying that application. No hearing was held since the facts were undisputed and only questions of law were presented. Dixon did not perfect an appeal from that order.

On this appeal, Dixon does…