Mead v. Meier, 26488.
| Decision Date | 17 September 1971 |
| Docket Number | No. 26488.,26488. |
| Citation | 449 F.2d 732 |
| Parties | Edward Allen MEAD, Petitioner-Appellant, v. Raymond W. MEIER, Respondent-Appellee. |
| Court | U.S. Court of Appeals — Ninth Circuit |
Edward Allen Mead, in pro. per.
Douglas B. Baily, U. S. Atty., G. Kent Edwards, Alaska Atty. Gen., Seaborn J. Buckalew, Jr., Dist. Atty., Anchorage, Alaska, for respondent-appellee.
Before JERTBERG, WRIGHT and CHOY, Circuit Judges.
Before us is an appeal from an order of the United States District Court for the District of Alaska dismissing a petition for writ of habeas corpus filed in that court by appellant. The district court concluded it lacked jurisdiction and dismissed the petition without a hearing on the merits.
The petition asserts that appellant was denied his constitutional right to due process, including the effective assistance of counsel, as required by the Sixth and Fourteenth Amendments. Appellant named as respondent to his petition Raymond W. Meier, Warden of the United States Penitentiary at McNeil Island, State of Washington. Appellant is a prisoner by virtue of a judgment imposed in the State of Alaska, and is incarcerated in the United States Penitentiary, McNeil Island, Steilacoom, State of Washington, pursuant to an agreement between the State of Alaska and the United States Department of Justice.
In dismissing the petition the district court determined that appellant's petition did not meet the requirements of 28 U.S.C. § 2241(a), in that the phrase "within their respective jurisdictions" in § 2241 of Title 28 U.S.C.A. requires the presence of a prisoner within the territorial jurisdiction of a district court as a prerequisite to his filing for a writ of habeas corpus. The district court relied upon Ahrens v. Clark, 335 U.S. 188, 68 S.Ct. 1443, 92 L.Ed. 1898 (1948) and Ashley v. State of Washington, 394 F.2d 125 (9th Cir. 1968).
In Ahrens v. Clark, supra, the petitioners were one hundred twenty German Nationals held at Ellis Island, New York, for deportation under orders issued by the United States Attorney General. They filed their petition in the District of Columbia where their custodian resided. The Supreme Court held that the district court lacked jurisdiction since petitioners were restrained outside of its territorial jurisdiction. The Court held that Congress, by the phrase "within their respective jurisdictions" had intended to restrict the power of district courts to issue habeas corpus writs to cases in which the petitioner was within the territorial jurisdiction of the court at the time of filing the petition.
Ashley v. State of Washington, supra, held that a prisoner who was in the custody of officials from the State of Georgia and who had escaped from a Washington State prison could not bring a federal habeas corpus action in the United States District Court for the Western District of Washington. This Court stated, at page 126:
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Park v. Thompson
...and deprivations of her rights by local officials. Any corrective action ordered can be effected by local officials. Mead v. Meier, 449 F.2d 732 (9th Cir. 1971), would appear to be squarely on point and to the contrary. Mead was a prisoner in the custody of Meier, the warden of a federal pr......
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Leahy v. Estelle, Civ. A. No. CA-3-7571-D.
...Henderson, 456 F.2d 1117 (5th Cir. 1972) (habeas corpus challenge to the transfer of federal prisoner to a state prison); Mead v. Meir, 449 F.2d 732 (9th Cir. 1971), cert. denied, 406 U.S. 908, 92 S.Ct. 1617, 31 L.Ed.2d 819 (1972) (habeas corpus by state prisoner challenging transfer to fed......
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Kinnell v. Warner
...of those courts." 335 U.S. at 190, 68 S.Ct. at 1444. The Court of Appeals for the Ninth Circuit, following Ahrens, held in Mead v. Meier, 449 F.2d 732 (9 Cir. 1971), that the District Court of Alaska did not have jurisdiction over a petitioner for habeas corpus who was then imprisoned in Wa......
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Wilkins v. Erickson, 73-1260.
...government, may seek federal habeas corpus relief only in a federal district lying within the state of confinement. Mead v. Meier, 449 F.2d 732 (9th Cir. 1971), cert. denied, 406 U.S. 908, 92 S.Ct. 1617, 31 L.Ed.2d 819 (1972); Duncan v. Maine, 295 F.2d 528 (1st Cir. 1961), cert. denied, 368......