Sires

Sires v. Washington

Good Law
314 F.2d 883
United States Court of Appeals for the Ninth CircuitMarch 13, 1963No. 18362California604 words

Opinion

Lead Opinion

Richard Eugene Sires, in custody under a state court judgment at Washington State Penitentiary, applied to the United States District Court, Eastern District of Washington, for a wi'it of habeas corpus. He also filed in the same court a petition for a preliminary injunction, to restrain the Board of Prison Terms and Paroles of that state from revoking his parole. The habeas corpus matter was docketed in the district court as Civil No. 1757 and, at petitioner’s request, the injunction matter was separately docketed as Civil No. 1797.

The district court denied, without hearing, the petition for a preliminary injunction. Sires has appealed. Appellees have made no appearance in this court.

Neither appellant’s petition for a preliminary injunction, nor his brief in this court, state any facts from which it can be ascertained that the Board of Prison Terms and Paroles has taken, or is threatening to take, any action adverse to appellant. There are only general allegations, and these only by inference, that the Board is, or is threatening to “ignore” certain statutes and constitutional provisions of the State of Washington, and is, or is threatening'to “exceed” its authority under the…

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