United States ex rel. Anderson v. Cavell

MARSH, District Judge.

Relator filed a petition for a writ of habeas corpus and requested leave to proceed in forma pauperis. This request was granted, but because it was thought that the relator had not exhausted his state remedies, i.e., he had not applied to the Supreme Court of the United States for a writ of certiorari, Darr v. Burford, 339 U.S. 200, 70 S.Ct. 587, 94 L.Ed. 761, the petition was dismissed.

Thereafter, relator asked for reconsideration and his petition for the writ was reinstated in forma pauperis; a rule to show cause was issued, counsel appointed for relator, and a time…