U.S. Court of Appeals for the Tenth Circuit, 1956

Delburt Pixley v. The Secretary, Board of Probation and Parole, Jefferson City, Missouri

Delburt Pixley v. The Secretary, Board of Probation and Parole, Jefferson City, Missouri
U.S. Court of Appeals for the Tenth Circuit · Decided March 22, 1956 · Huxman, Pickett, Hill
232 F.2d 310; 1956 U.S. App. LEXIS 3023 (Federal Reporter, Second Series)

Delburt Pixley v. The Secretary, Board of Probation and Parole, Jefferson City, Missouri

Opinion

*311 PER CURIAM.

Appellant, Delburt Pixley, has appealed In forma pauperis from an order of the United States District Court for the Eastern District of Oklahoma dismissing his petition against the Secretary of the Board of Probation of the Missouri State Parole Board, of Jefferson City, Missouri.

It is alleged in his petition that appellant is confined in the Federal Penitentiary at Leavenworth, Kansas, under a Federal conviction; that the defendant has placed with the proper authorities at the Federal Penitentiary a Missouri State Warrant of Arrest as a parole violator requesting that a detainer be placed against him. This, it is alleged, constitutes an interference with the jurisdiction of the Federal court and with his rights and which interference he seeks to enjoin.

The trial court did not pass upon the merits of these contentions. It concluded it had no jurisdiction of the defendants who are residents of Missouri. It accordingly dismissed the petition. We think the trial court is correct in its conclusion and its judgment of dismissal is affirmed.

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