Neibauer v. Harris, Commanding Officer, Montana Induction Center
This text of 196 F.2d 726 (Neibauer v. Harris, Commanding Officer, Montana Induction Center) 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.
Opinion
This appeal is from an order of the District Court discharging a writ of habeas corpus obtained by appellant and dismissing his petition therefor. The petition was filed and the writ was issued and served on appellee on June 15, 1951. The petition alleged, in substance, that appellant was, on June 15, 1951, wrongfully held in appellee’s custody. Actually, if appellant was ever in appellee’s custody, he was released on June 15, 1951, before the writ was served. He is not now in custody and has not been in custody since June 15, 1951. Hence the appeal is moot. United States ex rel. Potts v. Rabb, 3 Cir., 141 F.2d 45. Being moot, the appeal is dismissed.
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196 F.2d 726, Counsel Stack Legal Research, https://law.counselstack.com/opinion/neibauer-v-harris-commanding-officer-montana-induction-center-ca9-1952.