United States of America Ex Rel. Barney P. Bennett v. Frank J. Pate, Warden, Illinois State Penitentiary

HASTINGS, Chief Judge.

Petitioner, Barney P. Bennett, an inmate of the Illinois State Penitentiary proceeding in forma pauperis, appeals from the order and judgment of the district court dismissing his petition for a writ of habeas corpus under 28 U.S.C.A. § 2241.

On appeal, Bennett alleges that his custody is unlawful because the state knowingly used perjured testimony in obtaining an indictment against him, because he was denied the right to have witnesses in his behalf, and because he was denied the right to self-defense.

The district court’s order of dismissal reads as follows: ,

“The Court,…