Newell v. Page

ORDER

DAUGHERTY, District Judge.

The Petitioner herein filed a Petition for Writ of Habeas Corpus which this Court dismissed for want of a federal Constitutional question being alleged. In effect, the Petitioner asked that he be allowed credit on the sentence he is presently serving for time spent in jail prior to imposition of the sentence. Whether or not such credit is to be allowed is a matter of state law. Johnson v. Beto, 383 F.2d 197 (Fifth Cir. 1967); Gureznski v. Yeager, 339 F.2d 884 (Third Cir. 1964); Burns v. Coonse, 339 F.2d 883 (Tenth Cir. 1964), cert. den. 380 U.S. 925, 85 S.Ct.…