U.S. Court of Appeals for the Sixth Circuit, 1957

Paul Lee Hibdon v. Warden, United States Penitentiary, Atlanta, Georgia

Paul Lee Hibdon v. Warden, United States Penitentiary, Atlanta, Georgia
U.S. Court of Appeals for the Sixth Circuit · Decided June 7, 1957 · Allen, McALLISTER, Per Curiam, Stewart
245 F.2d 816; 1957 U.S. App. LEXIS 3288 (Federal Reporter, Second Series)

Counsel

No appearance for appellant., Fred Elledge, Jr., and Andrew M. Gant, James R. Tuck, Nashville, Tenn., for appellee.

Paul Lee Hibdon v. Warden, United States Penitentiary, Atlanta, Georgia

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Opinion

PER CURIAM.

This is an appeal from an order of the district court for the Middle District of Tennessee denying the appellant’s petition for a writ of habeas corpus. As clearly appears upon the face of the petition filed in the district court, the appellant is confined in the United States Penitentiary at Atlanta, Georgia. Since the appellant is not detained within the territorial jurisdiction of the district court for the Middle District of Tennessee, the court correctly determined that it was without jurisdiction to entertain the petition. Ahrens v. Clark, 1948, 335 U.S. 188, 68 S.Ct. 1443, 92 L.Ed. 1898; United States v. Hayman, 1952, 342 U.S. 205, 213, 72 S.Ct. 263, 96 L.Ed. 232.

The judgment of the district court is accordingly affirmed.

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