United States of America Ex Rel. Clarence Hamilton v. James F. Maroney, Superintendent, State Correctional Institution, Pittsburgh, Pennsylvania

The petitioner-appellant, Clarence Hamilton, filed a petition, pro se, in the court below which was docketed and treated by that court as a “Petition for Habeas Corpus”. The petition, however, is entitled a “Petition for the Removal of Cause to the United States District Court in the Western District of Pennsylvania”. In a paragraph of the petition Hamilton prays that the court below “will allow him to submit a petition for a writ of habeas corpus, bypassing the two (2) Appellate State Courts according to Title 28, U.S.C., 2254, and Fay v. Noia, 369 U.S. 869 [82 S.Ct. 1140, 8 L.Ed.2d 274]”.

The…