Simeone v. Humphrey

FOLLMER, District Judge.

Petitioner, a prisoner at the United States Penitentiary, Lewisburg, Pennsylvania, seeks leave to proceed in forma pauperis on an application for a writ of habeas corpus. His contentions are that evidence unlawfully obtained under an invalid search warrant was used in obtaining the indictment and was introduced at his trial, and that his counsel, not appointed by the court but retained by him, was “incompetent.” He also alleges that he “has exhausted his remedies pursuant to the provisions of Title 28, U.S.C.A. Section No. 2255.”

Even if we assume his first contention…