Madsen

Appellant was convicted in the District Court of Alaska of the crime of murder in the second degree and sentenced to a term of twenty-five years in a Federal penitentiary.

He states that subsequent to his conviction and sentence, he attempted to file in said District Court of Alaska a petition under Section 2255, 28 U.S.C.A.

Shortly thereafter appellant was ordered removed to the federal penitentiary at El Reno, Oklahoma. En route he was lodged in jail in Seattle, Washington, for safekeeping. During this period while appellant was in Seattle, counsel, on his behalf, petitioned for a writ of habeas corpus in the United States District Court for the Western District of Wash *371 ington. The petition was dismissed by said District Court on the ground that it was without jurisdiction for the reason that appellant had not applied for relief under Sec. 2255, 28 U.S.C.A.

Appellant’s contentions before us are that he lodged with the Clerk of the District Court of Alaska two different petitions seeking relief under Sec. 2255, but that the Judge of said court had refused to permit said petition to be filed because the counsel then purporting to appear for appellant was not a member of…