Kellner v. Metcalf, Deputy United States Marshal

Ninth Circuit

Kellner v. Metcalf, Deputy United States Marshal

201 F.2d 838, 14 Alaska 181

CourtCourt of Appeals for the Ninth Circuit

DecidedFebruary 3, 1953

Docket13309_1

StatusPublished

This text of 201 F.2d 838 (Kellner v. Metcalf, Deputy United States Marshal) 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

Kellner v. Metcalf, Deputy United States Marshal, 201 F.2d 838, 14 Alaska 181 (9th Cir. 1953).

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Opinion

PER CURIAM.

This appeal was taken on January 14, 1952, in a habeas corpus proceeding (No. A-7424) in the District Court for the Territory of Alaska, Third Division. It purports to be an appeal from a judgment denying a petition for a writ of habeas corpus. Actually, there was no such judgment. Appellant, a prisoner in custody of appellee, a deputy United States marshal, petitioned the District Court for a writ of habeas corpus on December 26, 1951. The writ was issued on December 26, 1951, and was served on appellee on December 27, 1951. Appellee filed a return and produced the body of appellant before the District Court on December 28, 1951. Hearings were had on December 28, 1951, January 4, 1952, and January 11, 1952, but no judgment was ever signed, filed or entered. Therefore the appeal is dismissed.

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PER CURIAM.

This appeal was taken on January 14, 1952, in a habeas corpus proceeding (No. A-7424) in the District Court for the Territory of Alaska, Third Division. It purports to be an appeal from a judgment denying a petition for a writ of habeas corpus. Actually, there was no such judgment. Appellant, a prisoner in custody of appellee, a deputy United States marshal, petitioned the District Court for a writ of habeas corpus on December 26, 1951. The writ was issued on December 26, 1951, and was served on appellee on December 27, 1951. Appellee filed a return and produced the body of appellant before the District Court on December 28, 1951. Hearings were had on December 28, 1951, January 4, 1952, and January 11, 1952, but no judgment was ever signed, filed or entered. Therefore the appeal is dismissed.

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Bluebook (online)

201 F.2d 838, 14 Alaska 181, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kellner-v-metcalf-deputy-united-states-marshal-ca9-1953.