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Brosius v. Botkin

110 F.2d 49, 72 App. D.C. 29, 1940 U.S. App. LEXIS 4476
CourtCourt of Appeals for the D.C. Circuit
DecidedMarch 4, 1940
DocketOrig. No. 3231
StatusPublished
Cited by9 cases

This text of 110 F.2d 49 (Brosius v. Botkin) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brosius v. Botkin, 110 F.2d 49, 72 App. D.C. 29, 1940 U.S. App. LEXIS 4476 (D.C. Cir. 1940).

Opinion

PER CURIAM.

Since the petition for writ of habeas corpus has been addressed to the Court, it must be denied. No statute confers upon this Court jurisdiction to entertain such an original petition. Even if the petition be addressed to an individual judge of the Court, it should be denied. The appropriate procedure is to address a petition to the District Court or one of the twelve judges thereof. Whitaker v. Johnston, 9 Cir., 85 F.2d 199; Ex parte Davis, 9 Cir., 54 F.2d 723. Since the petitioner has already addressed the District Court and has filed his notice of appeal to this Court, there is all the more reason why the present petition should be denied. The appeal will be advanced and heard as soon as ready.

Petition denied.

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82 P.R. 6 (Supreme Court of Puerto Rico, 1960)
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Dorsey v. Gill
148 F.2d 857 (D.C. Circuit, 1945)
In re Greene
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114 F.2d 578 (D.C. Circuit, 1940)

Cite This Page — Counsel Stack

Bluebook (online)
110 F.2d 49, 72 App. D.C. 29, 1940 U.S. App. LEXIS 4476, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brosius-v-botkin-cadc-1940.