Oughton v. United States, No. 7052.

CourtUnited States Courts of Appeals. United States Court of Appeals (10th Circuit)
Writing for the CourtPHILLIPS, PICKETT and HILL, Circuit
Citation310 F.2d 803
Decision Date01 November 1962
Docket NumberNo. 7052.
PartiesChester L. OUGHTON, Petitioner, v. UNITED STATES of America (John C. Taylor, Warden), Respondent.

310 F.2d 803 (1962)

Chester L. OUGHTON, Petitioner,
v.
UNITED STATES of America (John C. Taylor, Warden), Respondent.

No. 7052.

United States Court of Appeals Tenth Circuit.

November 1, 1962.


310 F.2d 804

Lawrence E. Sizemore, Oklahoma City, Okl. (Chester L. Oughton filed a brief pro se), for petitioner.

Benjamin E. Franklin, Asst. U. S. Atty., Topeka, Kan. (Newell A. George, U. S. Atty., Topeka, Kan., was with him on the brief), for respondent.

Before PHILLIPS, PICKETT and HILL, Circuit Judges.

PICKETT, Circuit Judge.

Chester L. Oughton lodged, in the United States District Court for the District of Kansas, a petition for a writ of habeas corpus together with an application for leave to proceed in forma pauperis which was supported by a proper affidavit under 28 U.S.C.A. § 1915(a). The district court considered these documents as well as various supporting papers, and denied the application for leave to proceed in forma pauperis. Having obtained permission from this court to appeal in forma pauperis, Oughton now presents the question of whether the district court improperly denied him leave to proceed in forma pauperis.

The essence of Oughton's allegations is that he was arrested without a warrant; that he was detained without authority for an unreasonable time before being taken before a Commissioner; that during this detention his confession was obtained through threats and physical violence; that this unlawful confession was used to coerce his plea of guilty to first degree murder; and that there was no indictment to support the guilty plea. These are all grounds that may be asserted under 28 U.S.C.A. § 2255, and the remedy presented by that statutory provision is exclusive "unless it also appears that the remedy by motion is inadequate or ineffective to test the legality of the petitioner's detention." E. g., Sanchez v. Taylor, 10 Cir., 302 F.2d 725; Black v. United States, 10 Cir., 301 F.2d 418, cert. denied 370 U.S. 932, 82 S.Ct. 1618, 8 L.Ed.2d 832; Barrett v. United States, 10 Cir., 285 F.2d 758; Williams v. United States, 10 Cir., 283 F.2d 59; Barrett v. Hunter, 10 Cir., 180 F.2d 510, 20 A.L.R.2d 965, cert. denied 340 U.S. 897, 71 S.Ct. 234, 95 L.Ed. 650. There is nothing in the record to indicate that the procedure afforded by Section 2255 would be inadequate or ineffective to test the legality of Oughton's detention, and we have previously affirmed a denial of relief to Oughton on the ground that Section 2255 presented his...

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49 practice notes
  • Vigil v. Doe, No. CIV 19-0164 JB\JFR
    • United States
    • United States District Courts. 10th Circuit. District of New Mexico
    • July 31, 2019
    ...or that the allegations of poverty are untrue, it can dismiss the proceeding under 28 U.S.C.A. § 1915(d). Oughton v. United States, 310 F.2d 803, 804 (10th Cir. 1962) (citations omitted). The district court has the discretion to dismiss an IFP complaint sua sponte under § 1915(e)(2) "at any......
  • Carter v. U.S. Dep't of Def., No. CIV 16-0786 JB/SMV
    • United States
    • United States District Courts. 10th Circuit. District of New Mexico
    • February 28, 2017
    ...improper or that the allegations of poverty are untrue, it can dismiss the proceeding under 28 U.S.C. § 1915(d).Oughton v. United States, 310 F.2d 803, 804 (10th Cir. 1962). Section 1915 provides that the "officers of the court shall issue and serve all process, and perform all duties in [p......
  • Sherrell v. Univ. of N.M., No. CIV 18-0408 JB\JHR
    • United States
    • United States District Courts. 10th Circuit. District of New Mexico
    • November 13, 2018
    ...or that the allegations of poverty are untrue, it can dismiss the proceeding under 28 U.S.C.A. § 1915(d). Oughton v. United States, 310 F.2d 803, 804 (10th Cir. 1962) (citations omitted). The district court has the discretion to dismiss an IFP complaint sua sponte under § 1915(e)(2)"at any ......
  • Garcia v. Cole, No. CIV 18-1032 JB\KK
    • United States
    • United States District Courts. 10th Circuit. District of New Mexico
    • September 20, 2019
    ...or that the allegations of poverty are untrue, it can dismiss the proceeding under 28 U.S.C.A. § 1915(d). Oughton v. United States, 310 F.2d 803, 804 (10th Cir. 1962) (citations omitted). The district court has the discretion to dismiss an IFP complaint sua sponte under § 1915(e)(2) "at any......
  • Request a trial to view additional results
49 cases
  • Vigil v. Doe, No. CIV 19-0164 JB\JFR
    • United States
    • United States District Courts. 10th Circuit. District of New Mexico
    • July 31, 2019
    ...or that the allegations of poverty are untrue, it can dismiss the proceeding under 28 U.S.C.A. § 1915(d). Oughton v. United States, 310 F.2d 803, 804 (10th Cir. 1962) (citations omitted). The district court has the discretion to dismiss an IFP complaint sua sponte under § 1915(e)(2) "at any......
  • Carter v. U.S. Dep't of Def., No. CIV 16-0786 JB/SMV
    • United States
    • United States District Courts. 10th Circuit. District of New Mexico
    • February 28, 2017
    ...improper or that the allegations of poverty are untrue, it can dismiss the proceeding under 28 U.S.C. § 1915(d).Oughton v. United States, 310 F.2d 803, 804 (10th Cir. 1962). Section 1915 provides that the "officers of the court shall issue and serve all process, and perform all duties in [p......
  • Sherrell v. Univ. of N.M., No. CIV 18-0408 JB\JHR
    • United States
    • United States District Courts. 10th Circuit. District of New Mexico
    • November 13, 2018
    ...or that the allegations of poverty are untrue, it can dismiss the proceeding under 28 U.S.C.A. § 1915(d). Oughton v. United States, 310 F.2d 803, 804 (10th Cir. 1962) (citations omitted). The district court has the discretion to dismiss an IFP complaint sua sponte under § 1915(e)(2)"at any ......
  • Garcia v. Cole, No. CIV 18-1032 JB\KK
    • United States
    • United States District Courts. 10th Circuit. District of New Mexico
    • September 20, 2019
    ...or that the allegations of poverty are untrue, it can dismiss the proceeding under 28 U.S.C.A. § 1915(d). Oughton v. United States, 310 F.2d 803, 804 (10th Cir. 1962) (citations omitted). The district court has the discretion to dismiss an IFP complaint sua sponte under § 1915(e)(2) "at any......
  • Request a trial to view additional results

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