Gordon M. Allen, and v. B. J. Rhay, Superintendent of the Washington State Penitentiary, And

Petitioner, serving time for a conviction in a state court of Washington in 1966 for the crime of robbery, petitions for his release by habeas corpus. The Supreme Court of Washington affirmed the conviction in State v. Allen (1967) 72 Wash.2d 42 , 431 P.2d 593 . Following an escape and conviction therefor he was adjudged an habitual criminal. Again the conviction was affirmed on appeal. State v. Allen, 75 Wash.2d 17 , 448 P.2d 332 (1968).

On March 8, 1968, the Washington Supreme Court denied petitioner’s application for relief in habeas corpus in its cause No. 40087. This proceeding involved only the robbery conviction referred to above. The United States Supreme Court denied certiorari. Allen v. Berry, 391 U.S. 924 , 88 S.Ct. 1821 , 20 L.Ed.2d 662 (1968).

Petitioner then filed a petition for a writ of habeas corpus in the district court below, case No. 3746, practically a word for word duplicate of No. 40087. The district court denied relief by a written memorandum without an eviden-tiary hearing. Petitioner does not contest the escape conviction resulting from the entry of a guilty plea. Petitioner’s contentions are as follows:

1. That the police refused to honor a request to…