U.S. Court of Appeals for the Tenth Circuit, 1951

Wheatley v. Hunter, Warden, U. S. Penitentiary, Leavenworth, Kan

U.S. Court of Appeals for the Tenth Circuit · Decided November 26, 1951 · Per Curiam

192 F.2d 376; 1951 U.S. App. LEXIS 2724 (Federal Reporter, Second Series)

Counsel

Robert G. Braden, Wichita, Kan., for appellant., Lester Luther, U. S. Atty., Topeka, Kan.,. (Eugene W. Davis, Asst. U. S. Atty., Topeka, Kan., on the brief), for appellee.

Cases that cite this one

1 later published case cites this decision.

James W. Ballentine v. Medical Officer in Charge, U. S. Public Health Service Hospital, Lexington, Kentucky (6th Cir. 1958)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM.

This is an appeal from an order dismissing a writ of habeas corpus. The application wholly failed to allege that the petitioner had applied for relief under 28 U.S.C.A. § 2255, or that the court which sentenced him had denied him relief under that section, and that the remedy by motion under that section was inadequate or ineffective to test the legality of his detention.

The order is affirmed.

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