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

Ninth Circuit

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

268 F.2d 77, 1959 U.S. App. LEXIS 3755

CourtCourt of Appeals for the Ninth Circuit

DecidedJune 3, 1959

Docket16324_1

StatusPublished

Cited by1 cases

This text of 268 F.2d 77 (John Frederick Silbaugh v. P. G. Smith, Warden, Federal Correctional Institution at Terminal Island, San Pedro, California) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

John Frederick Silbaugh v. P. G. Smith, Warden, Federal Correctional Institution at Terminal Island, San Pedro, California, 268 F.2d 77, 1959 U.S. App. LEXIS 3755 (9th Cir. 1959).

Pincite

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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.

Cite This Page — Counsel Stack

Bluebook (online)

268 F.2d 77, 1959 U.S. App. LEXIS 3755, Counsel Stack Legal Research, https://law.counselstack.com/opinion/john-frederick-silbaugh-v-p-g-smith-warden-federal-correctional-ca9-1959.

Opinion

Related

Cite This Page — Counsel Stack