Gary L. Milligan v. W. T. Stone, Warden

Ninth Circuit

Gary L. Milligan v. W. T. Stone, Warden

548 F.2d 878

Court of Appeals for the Ninth Circuit·Decided January 12, 1977·No. 76-1825·Published

Opinion

ORDER OF AFFIRMANCE

Generally, the order dismissing the petition for habeas corpus is affirmed on the basis of the contents thereof. The order is reported, Milligan v. Stone, 424 F.Supp. 1088 (S.D.Cal., entered January 13, 1976).

It should be noted, however, that the district court was under a misapprehension that a state certificate had not been sought for a state appeal. But the decision only alternatively relied upon this mistake.

Further, on the facts here one has to reach far to find a trace of a constitutional question.

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ORDER OF AFFIRMANCE

Generally, the order dismissing the petition for habeas corpus is affirmed on the basis of the contents thereof. The order is reported, Milligan v. Stone, 424 F.Supp. 1088 (S.D.Cal., entered January 13, 1976).

It should be noted, however, that the district court was under a misapprehension that a state certificate had not been sought for a state appeal. But the decision only alternatively relied upon this mistake.

Further, on the facts here one has to reach far to find a trace of a constitutional question.

Gary L. Milligan v. W. T. Stone, Warden, 548 F.2d 878 (9th Cir. 1977).

Pincite

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Opinion

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