Richard E. Smiley, and v. Lawrence E. Wilson, Warden, California State Prison, San Quentin, California, And

HAMLEY, Circuit Judge.

Richard E. Smiley, in California penal custody under three independent judgments and sentences, filed three applications for writs of habeas corpus attacking these judgments and sentences. The three applications were consolidated in one district court proceeding. An *146order to show cause was issued, the warden filed a return thereto, and Smiley, proceeding pro se, filed a traverse. Thereafter, and without holding an evidentiary hearing, the district court entered an order denying all three applications. This appeal followed.

Smiley’s first application for a writ of habeas…