In Re Jacobs

The petitioner, now confined in the Folsom state prison, claiming that he is being restrained of his liberty by the warden of said prison without warrant or authority of law, has made this application to me, to the end that the cause of 'his imprisonment may be inquired into and thereupon his restraint declared illegal and that he consequently be discharged therefrom.

An examination of the petition for the writ has readily convinced me that no legal ground is therein stated for the issuance thereof and that the application will, therefore, have to be denied.

Ordinarily, an opinion setting forth the reasons for the denial of an application for a writ of habeas corpus is not deemed necessary, the mere order denying the same being sufficient. In this instance, however, the petitioner, who is not an attorney, makes the application himself, or in propria persona, and, inasmuch as he is not a lawyer and acquainted with the remedial function or scope of the writ of habeas corpus, at least so far as that writ is invocable where the claim is that a citizen is deprived of his personal liberty by virtue of some process issued by a state tribunal purporting to act under some local law of…