U.S. Court of Appeals for the Ninth Circuit, 1941

In re Anderson

In re Anderson
U.S. Court of Appeals for the Ninth Circuit · Decided February 5, 1941
117 F.2d 939; 1941 U.S. App. LEXIS 4378 (Federal Reporter, Second Series)

In re Anderson

Opinion of the Court

PER CURIAM.

Application for leave to file petition for writ of habeas corpus in forma pauperis in this court is denied because without merit for two reasons: One, our power as a court to issue such writs is in aid of our appellate jurisdiction only. De Maurez v. Swope, 100 F.2d 530; Ferguson v. Swope, 9 Cir., 109 F.2d 152; De Maurez v. Swope, 9 Cir., 110 F.2d 564. Two, the lower federal courts should not consider an application for a writ of habeas corpus where the petitioner is detained under state process save in exceptional cases. Urquhart v. Brown, 205 U.S. 179, 27 S.Ct. 459, 51 L.Ed. 760; Ex parte Melendez, 9 Cir., 98 F.2d.791; Ex parte Penney, 9 Cir., 103 F.2d 27; Ex parte Jefferson, 9 Cir., 106 F.2d 471.

This is not such a case.

Application denied.

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