Mason v. Smith

The petitioner presents to me as Senior Circuit Judge, an application for certificate of probable cause under the provisions of 28 U.S.C.A. §. 466, which requires such a certificate as a basis for an appeal without which the court of appeals has no jurisdiction of the appeal. Schenk v. Plummer, 9 Cir., 113 F.2d 726 . A similar application was made for a certificate to the United States District Court for the Eastern District of Washington which had made the order denying the petitioner a writ of habeas corpus from which the petitioner sought to take an appeal. That court had power to grant the certificate. 28 U.S.C.A. § 466 , supra. The application for a certificate was denied for the reason that the same question involved in the case had already been adjudicated by this court in a prior appeal by petitioner from a similar, if not identical, decision on his prior application for a writ of habeas corpus. Mason v. Webb, 9 Cir., 142 F.2d 584 . This court there held that the petitioner Mason had not exhausted his state remedies and suggested that before making a new application in the federal courts he should seek recourse in the courts of the state of Washington. Petitioner is…