Legal Opinion

Wheatley v. Hunter, Warden, U. S. Penitentiary, Leavenworth, Kan

Court of Appeals for the Tenth Circuit

Decided November 26, 1951No. 4364PublishedCited by 1 opinion

1Per curiam

This is an appeal from an order dismissing a writ of habeas corpus. The application wholly failed to allege that the petitioner had applied for relief under 28 U.S.C.A. § 2255, or that the court which sentenced him had denied him relief under that section, and that the remedy by motion under that section was inadequate or ineffective to test the legality of his detention.

The order is affirmed.

2Cited by1 opinion

  1. James W. Ballentine v. Medical Officer in Charge, U. S. Public Health Service Hospital, Lexington, KentuckyCourt of Appeals for the Sixth Circuit · 1958