Robert E. Lipscomb v. Paul J. Madigan, Warden, United States Penitentiary, Alcatraz, California

Ninth Circuit

Robert E. Lipscomb v. Paul J. Madigan, Warden, United States Penitentiary, Alcatraz, California

309 F.2d 130, 1962 U.S. App. LEXIS 3882

CourtCourt of Appeals for the Ninth Circuit

DecidedOctober 19, 1962

Docket17336_1

StatusPublished

This text of 309 F.2d 130 (Robert E. Lipscomb v. Paul J. Madigan, Warden, United States Penitentiary, Alcatraz, 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

Robert E. Lipscomb v. Paul J. Madigan, Warden, United States Penitentiary, Alcatraz, California, 309 F.2d 130, 1962 U.S. App. LEXIS 3882 (9th Cir. 1962).

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Opinion

PER CURIAM.

Robert E. Lipscomb, a federal prisoner incarcerated at Alcatraz, appeals from an order of the district court denying leave to file, in forma pauperis, an application for a writ of habeas corpus.

Leave was denied to proceed with the habeas corpus proceeding in forma paup-eris on the ground that Lipscomb should first present his asserted ground for relief in a 28 U.S.C., § 2255 proceeding brought in the sentencing court, the United States District Court for the Eastern District of Missouri.

This appeal was taken on March 30, 1961. It has come to our attention that thereafter, on April 28, 1961, Lipscomb complied with the procedure prescribed in the district court order here under review, by instituting a section 2255 proceeding in the sentencing court. Having followed the procedure specified in the district court order, Lipscomb has in effect abandoned his appeal.

The appeal is accordingly dismissed, but without prejudice as to any question sought to be raised on the appeal.

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PER CURIAM.

Robert E. Lipscomb, a federal prisoner incarcerated at Alcatraz, appeals from an order of the district court denying leave to file, in forma pauperis, an application for a writ of habeas corpus.

Leave was denied to proceed with the habeas corpus proceeding in forma paup-eris on the ground that Lipscomb should first present his asserted ground for relief in a 28 U.S.C., § 2255 proceeding brought in the sentencing court, the United States District Court for the Eastern District of Missouri.

This appeal was taken on March 30, 1961. It has come to our attention that thereafter, on April 28, 1961, Lipscomb complied with the procedure prescribed in the district court order here under review, by instituting a section 2255 proceeding in the sentencing court. Having followed the procedure specified in the district court order, Lipscomb has in effect abandoned his appeal.

The appeal is accordingly dismissed, but without prejudice as to any question sought to be raised on the appeal.

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Bluebook (online)

309 F.2d 130, 1962 U.S. App. LEXIS 3882, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robert-e-lipscomb-v-paul-j-madigan-warden-united-states-penitentiary-ca9-1962.