United States Ex Rel. Stuart v. Yeager

OPINION AND ORDER

COOLAHAN, District Judge:

This is an application for a writ of habeas corpus, pursuant to 28 U.S.C. § 2241 et seq., which the court has permitted petitioner to file in forma pauper-is. Because of the relief sought by petitioner, who is presently in state custody, the court will treat the matter as arising under 42 U.S.C. § 1981 et seq., the Civil Rights Act. Petitioner, therefore, need not first pursue the relief he seeks in the state courts, but may apply directly to the federal courts. Lane v. Wilson, 307 U.S. 268, 59 S.Ct. 872, 83 L.Ed. 1281 (1939); Cooper v. Hutchinson,…