Dale Leroy Daniels v. Louis S. Nelson, Warden, Etc.

The appellant, a state prisoner, petitioned for a writ of habeas corpus. The district court denied the writ. We affirm.

At the time the petition was filed, and at the time it was denied in the district court, appellant’s appeal from his conviction in the state court was still pending in the Court of Appeal for the State of California. His complaint in the district court below concerned failure of the court of appeal to augment the record on appeal. With the appeal still pending, petitioner may apply for augmentation with appropriate specificity; if the court of appeal denies his request, he…