United States v. Stimson
Decision Date | 27 October 1943 |
Docket Number | No. 152.,152. |
Citation | 52 F. Supp. 425 |
Parties | UNITED STATES ex rel. INNES v. STIMSON, Secretary of War, et al. |
Court | U.S. District Court — Western District of Pennsylvania |
No appearances for either party.
The petitioner, Peter J. Innes, Jr., a military prisoner at the United States Penitentiary, Lewisburg, Pennsylvania, originally filed a petition for a writ of habeas corpus in the Second Circuit. United States ex rel. Innes v. Crystal, 131 F.2d 576. He subsequently filed a petition for a writ of habeas corpus in this District, which petition, alleging no new facts, was dismissed. He has now filed a further petition, alleging therein that the same is based upon additional facts. He now alleges:
With reference to the allegation that in violation of the Rules of the Supreme Court petitioner's custody was transferred from the jurisdiction of the courts of the Second Circuit before he had an opportunity to complete his action before the Supreme Court, this was clearly a matter for the appellate court in connection with its jurisdiction of the appeal. It appears that the matter was called to the attention of the Supreme Court and that court did not deem it necessary to enter any orders directing his return to the Second Circuit.
The second "important event", as it is designated by the petitioner, has reference to new facts bearing upon petitioner's contention in his previous habeas corpus proceedings. As already...
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