Kelly v. Cox

OPINION and JUDGMENT

DALTON, Chief Judge.

This case comes before the court upon a petition for a writ of habeas corpus filed in forma pauperis by Billy Ronald Kelly, a state prisoner, pursuant to 28 U.S.C. § 2241. The petition was filed in the United States District Court for the Eastern District of Virginia on October 30, 1972, and by order dated October 30, 1972, was transferred to this court.

Petitioner is currently serving a two year sentence in the Virginia State Penitentiary, pursuant to a judgment of the Circuit Court of Pittsylvania County, imposed on September 20, 1969, for felonious…