Hall Approved Free Access to American Case Law
U.S. Court of Appeals for the Ninth Circuit, 1959

John Frederick Silbaugh v. P. G. Smith, Warden, Federal Correctional Institution at Terminal Island, San Pedro, California

John Frederick Silbaugh v. P. G. Smith, Warden, Federal Correctional Institution at Terminal Island, San Pedro, California
U.S. Court of Appeals for the Ninth Circuit · Decided June 3, 1959 · Stephens, Maris, Barnes
268 F.2d 77; 1959 U.S. App. LEXIS 3755 (Federal Reporter, Second Series)

Counsel

John Frederick Silbaugh, in pro. per., Laughlin E. Waters, U. S. Atty., George W. Kell, Robert John Jensen, Asst. U. S. Attys., Los Angeles, Cal., for appellee.

John Frederick Silbaugh v. P. G. Smith, Warden, Federal Correctional Institution at Terminal Island, San Pedro, California

Cases that cite this one

1 later published case cites this decision.

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 the discharge of a writ of habeas corpus. We have previously ruled on the merits of appellant’s contentions in a companion case, Silbaugh v. United States, Misc. No. 822, February 13, 1959, when leave to appeal in forma pauperis was denied on the grounds that the appeal was frivolous. In this case, Silbaugh is using habeas corpus to test the validity of the denial of a motion made under Section 2255 of Title 28 U.S.C.A., which was not appealed. In such circumstances, the District Court lacked jurisdiction to issue the writ. Madigan v. Wells, 9 Cir., 224 F.2d 577, certiorari denied 351 U.S. 911, 76 S.Ct. 700, 100 L.Ed. 1446.

The appeal is dismissed, and the motion to consolidate it with the appeal in Silbaugh v. United States, is denied.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.