August J. Raspovich v. United States

Fifth Circuit

August J. Raspovich v. United States

301 F.2d 661, 1962 U.S. App. LEXIS 5379

CourtCourt of Appeals for the Fifth Circuit

DecidedApril 13, 1962

Docket19272

StatusPublished

This text of 301 F.2d 661 (August J. Raspovich v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

August J. Raspovich v. United States, 301 F.2d 661, 1962 U.S. App. LEXIS 5379 (5th Cir. 1962).

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Opinion

PER CURIAM.

This appeal was allowed in forma pauperis from denial of writ of habeas corpus by the United States District Court for the Northern District of Georgia while appellant was then held prisoner by the Warden, United States Penitentiary, Atlanta, Georgia.

Upon the matter being called for oral argument, the United States Attorney moved to dismiss the appeal on the ground that appellant was no longer in custody of the Warden at Atlanta nor was he in custody of any other Federal officer to whom a writ of habeas corpus could be directed. For this reason this appeal stands DISMISSED without prejudice, however, to appellant’s initiating new proceedings in a United States district court of proper jurisdiction to determine the duration of his responsibility to the United States Board of Parole as a parolee.

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PER CURIAM.

This appeal was allowed in forma pauperis from denial of writ of habeas corpus by the United States District Court for the Northern District of Georgia while appellant was then held prisoner by the Warden, United States Penitentiary, Atlanta, Georgia.

Upon the matter being called for oral argument, the United States Attorney moved to dismiss the appeal on the ground that appellant was no longer in custody of the Warden at Atlanta nor was he in custody of any other Federal officer to whom a writ of habeas corpus could be directed. For this reason this appeal stands DISMISSED without prejudice, however, to appellant’s initiating new proceedings in a United States district court of proper jurisdiction to determine the duration of his responsibility to the United States Board of Parole as a parolee.

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Bluebook (online)

301 F.2d 661, 1962 U.S. App. LEXIS 5379, Counsel Stack Legal Research, https://law.counselstack.com/opinion/august-j-raspovich-v-united-states-ca5-1962.