Gist v. Henderson

CURTIN, Chief Judge.

This is an application for a writ of habeas corpus by John Gist, Jr., who is presently incarcerated at Auburn Correctional Facility, Auburn, New York. The petitioner is challenging a conviction which arose in Onondaga County, Syracuse, New York. This petition was filed in this court and an order to show cause was issued on August 12, 1975. The respondent filed an answering affidavit. However, 28 U.S.C. § 2241, governing habeas corpus petitions, provides that the “ . . . application may be filed in the district court for the district wherein such person is in cutody or in…