James Franklin Dunn v. California Department of Corrections, California Adult Authority, and L. S. Nelson, Warden

Appellant, a State prisoner now on parole, appeals from an order of the District Court denying his petition for writ of habeas corpus. At the time of filing the petition and at the time of the denial appellant was in a State prison.

This Court has jurisdiction under Title 28, United States Code, Section 2253 .

Appellees’ motion to dismiss the appeal on the ground of mootness because appellant is now on parole is denied for the reason that absent the revocation of appellant’s parole in 1964, of which revocation appellant complains, appellant would now be free of any technical custody under parole as his State sentence as originally fixed would now have expired. Jones v. Cunningham, 371 U.S. 236 , 83 S.Ct. 373 , 9 L.Ed.2d 285 .

Appellant contends he is entitled to a writ for the reason that his parole revocation by the California Adult Authority, hereinafter Authority, in 1964 was invalid. Such revocation was made on two grounds: first, that appellant had been using dexedrine, a dangerous drug, in violation of a condition of parole; and second, that appellant had possession of marihuana, also in violation of a condition of parole. His contention that he has not violated his…