Fisher

Fisher v. Johnston

Good Law
95 F.2d 36·1938 U.S. App. LEXIS 4053
United States Court of Appeals for the Ninth CircuitFebruary 23, 1938No. 8652California1,138 words

Opinion

Lead Opinion

Wilburjfudge, J.

This is an appeal from the ex parte denial of appellant’s application for the issuance of a writ of habeas corpus, evidently upon the ground that the petitioner failed to allege sufficient facts to justify the issuance of an order to show cause why a writ should not issue. The petitioner alleges that he is detained by the appellee, warden of the United States Penitentiary at Alcatraz, by virtue of two sentences and judgments for imprisonment of the United States District Court of Massachusetts at Boston, rendered July 22, 1935. One judgment is for imprisonment for two years, and the other for a period of twenty-five years, to be served concurrently. The latter term, has not expired.

é 4 The petitioner has proceeded in propria persona and, by leave of court, in forma pauperis. Although he evidently has access to a law library, petitioner’s complete *37 failure to understand the matters cited by him indicate that he is unlearned in the law. Under such circumstances, we are inclined to overlook the lack of technical accuracy in his pleading, but the petition is not only unintelligible, but is elusive and evasive.

u Apparently the appellant claims that he was sentenced after a trial…

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