Dexter C. Dayton v. James v. Bennett, Director, Bureau of Prisons and Chesley H. Looney, Warden, United States Penitentiary, Leavenworth, Kansas
This text of 218 F.2d 696 (Dexter C. Dayton v. James v. Bennett, Director, Bureau of Prisons and Chesley H. Looney, Warden, United States Penitentiary, Leavenworth, Kansas) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
This is an appeal from an order dismissing an application for a writ of habeas corpus.
The petitioner, Dayton, is confined in the United States Penitentiary at Leavenworth, Kansas. In his application for the writ, he alleged that he was being deprived of his constitutional rights by the respondents in that he had prepared a civil complaint sounding in libel against the Washington Times-Herald, publisher of a newspaper in Washington, D. C., as defendant, and had deposited such complaint with officials of the United States Penitentiary at Leavenworth, Kansas, for mailing to the Clerk of the United States District Court for the District of Columbia, at Washington, D. C., for filing in such court, and that respondents failed to forward such complaint in accordance with his direction.
It affirmatively appears that the court was without jurisdiction to grant the relief sought. See Dayton v. Hunter, 10 Cir., 176 F.2d 108.
Affirmed.
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