William Turner, Plaintiff-Petitioner v. G. P. Lloyd, Superintendent, Defendant-Respondent

This appeal was taken from the district court’s denial of appellant’s petition for a writ of habeas corpus for failure to exhaust available state court remedies within the meaning of 28 U.S.C. § 2254 . This court has jurisdiction under 28 U.S.C. § 2253 , and Rule 22 of the Fed.R.App.Proc. We affirm.

Appellant was committed in a civil proceeding by the Superior Court of Los Angeles County as an individual in imminent danger of becoming addicted to narcotic drugs under California Welfare and Institutions Code Sections 3100 et seq. No appeal was taken.

One month thereafter, a petition for a writ of habeas corpus was filed in the Superior Court of Riverside County and denied. A second petition was immediately filed in the Court of Appeals of the State of California, Fourth Appellate District. While this petition was pending, appellant was transferred to another institution outside the territorial jurisdiction of the Fourth Appellate District. That court subsequently denied the petition without opinion. We are unable to determine if the denial was based on a lack of jurisdiction.

A petition for rehearing was filed in the Court of Appeals, Fourth Appellate District, which was also…