United States of America Ex Rel. John J. Brennan v. A. T. Rundle, Warden, State Correctional Institution

Third Circuit

United States of America Ex Rel. John J. Brennan v. A. T. Rundle, Warden, State Correctional Institution

316 F.2d 68, 1963 U.S. App. LEXIS 5505

CourtCourt of Appeals for the Third Circuit

DecidedApril 22, 1963

Docket14258

StatusPublished

This text of 316 F.2d 68 (United States of America Ex Rel. John J. Brennan v. A. T. Rundle, Warden, State Correctional Institution) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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United States of America Ex Rel. John J. Brennan v. A. T. Rundle, Warden, State Correctional Institution, 316 F.2d 68, 1963 U.S. App. LEXIS 5505 (3d Cir. 1963).

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Opinion

PER CURIAM.

The relator, a prisoner in state custody, appeals from an order of the court below dated October 23,1962, denying him a writ of habeas corpus. The relator states that he is deprived of his rights because the authorities at his place of confinement will not permit him to use a typewriter to prepare a petition for habeas corpus to be filed in one of the Philadelphia County Courts. It is not clear what relief the relator seeks generally except that he desires to be relieved of his imprisonment. This court, however, can and must take judicial notice of the fact that a large number of handwritten briefs are filed in the Courts of Philadelphia County upon leave granted. It does not appear nor is it alleged in the petition that the relator has made any application to the appropriate Philadelphia County Court for leave to file a handwritten, petition. Until this be shown and also that the court to which such an application has been made has refused it, the relator will not have exhausted his state remedies. Accordingly, the judgment appealed from will be affirmed. Cf. Gaito v. Prasse, Commissioner of Correction, Rundle, Acting Superintendent, et al., 312 F.2d 169 (3 Cir., 1963).

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PER CURIAM.

The relator, a prisoner in state custody, appeals from an order of the court below dated October 23,1962, denying him a writ of habeas corpus. The relator states that he is deprived of his rights because the authorities at his place of confinement will not permit him to use a typewriter to prepare a petition for habeas corpus to be filed in one of the Philadelphia County Courts. It is not clear what relief the relator seeks generally except that he desires to be relieved of his imprisonment. This court, however, can and must take judicial notice of the fact that a large number of handwritten briefs are filed in the Courts of Philadelphia County upon leave granted. It does not appear nor is it alleged in the petition that the relator has made any application to the appropriate Philadelphia County Court for leave to file a handwritten, petition. Until this be shown and also that the court to which such an application has been made has refused it, the relator will not have exhausted his state remedies. Accordingly, the judgment appealed from will be affirmed. Cf. Gaito v. Prasse, Commissioner of Correction, Rundle, Acting Superintendent, et al., 312 F.2d 169 (3 Cir., 1963).

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Bluebook (online)

316 F.2d 68, 1963 U.S. App. LEXIS 5505, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-of-america-ex-rel-john-j-brennan-v-a-t-rundle-warden-ca3-1963.