Legal Opinion

Rutkowski v. Johnston

District Court, D. California

Decided October 4, 1943No. 22794PublishedCited by 7 opinions

1Opinion of the Court

DENMAN, Circuit Judge.

An application addressed to me as a United States Circuit Judge seeks a writ of habeas corpus.

The petition alleges that petitioner has filed a similar application addressed to United States District Judge St. Sure and that he has not passed upon the same. The application also alleges that another judge, United States District Judge Louis E. Goodman, attempted to obtain jurisdiction of the application addressed to Judge St. Sure. I can find no statutory warrant for a judge to whom an application for writ of habeas corpus is not addressed assuming jurisdiction to decide it.

2Cases cited4 opinions

  1. Carper v. FitzgeraldSupreme Court of the United States · 1887
  2. Chow Loy v. United StatesCourt of Appeals for the First Circuit · 1901
  3. Wright v. JohnstonDistrict Court, N.D. California · 1943
  4. Bowen v. JohnstonDistrict Court, N.D. California · 1943

3Cited by7 opinions

  1. Burall v. JohnstonCourt of Appeals for the Ninth Circuit · 1944
  2. Snow v. RocheCourt of Appeals for the Ninth Circuit · 1944
  3. Burall v. JohnstonDistrict Court, N.D. California · 1943
  4. Rutkowski v. St. SureCourt of Appeals for the Ninth Circuit · 1944
  5. Ex parte WilsonDistrict Court, N.D. Texas · 1945

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