United States of America Ex Rel. Jack James, Relator-Appellant v. Harold W. Follette, as Warden of Green Haven Prison, at Stormville, New York

Appellant Jack James appeals from an order of the United States District Court for the Southern District of New York denying without a hearing his application for a writ of habeas corpus. We affirmed on the well-reasoned opinion of Judge Weinfeld, reported at 301 F.Supp. 569 (S.D.N.Y.1969).

While the District Court erroneously relied on 28 U.S.C. § 2244(a), which relates to federal detention and not to state prisoners, in support of its decision not to hold a hearing, this miscitation hardly warrants a reversal. The ruling was correct. The entire trial transcript, Judge Palmieri’s two prior…