Benjamin F. Rayborn v. William L. Jones, Warden, Kentucky State Penitentiary

This is an appeal from an order of the District Court denying appellant’s application for a writ of habeas corpus. On motion of the appellant the case was submitted to the Court on the briefs without oral argument. The facts are stated in our opinion in the case of Rayborn v. Jones, 6 Cir., 1960, 282 F.2d 410. We there held that mandamus in the Federal Court was not the proper remedy to prevent a state officer from performing duties imposed upon him by state law and that appellant’s petition for mandamus could not be treated as one for habeas corpus because he had not exhausted his state…