Alfred E. Martinez v. Walter E. Craven, Warden of Folsom Prison, and Raymond Procunier, California Director of Corrections

Appellant is in penal custody of the State of California pursuant to a judgment of conviction imposed by the Superior Court of the State of California, in and for the County of Alameda, following his conviction by a jury of violating Section 11500 of the California Health and Safety Code.

Pursuant to the provisions of 28 U.S.C. § 2242 , appellant filed, in forma pauperis, his application for writ of habeas corpus in the United States District Court for the Northern District of California. The petition was denied without hearing. The district court issued a certificate of probable cause and granted appellant permission to appeal to this court in forma pauperis from the order denying his application.

In his application the appellant does not attack the judgment of convjction in the state court, but alleges that an appeal from the judgment of conviction is pending in the District Court of Appeal for the First Appellate District of the State of California, and contends that he should be released from custody because those having custody of him have denied him access to the necessary legal material, such as law books, legal documents, and adequate library facilities needed to enable…